AGREEMENT BETWEEN
CITY OF CRANSTON
AND
LOCAL 1363,
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS
AFL - CIO
CONTRACT YEARS - JULY 1,2013 - JUNE 30, 2016
AGREEMENT
This Agreement is entered into as of the 3D!!:. day of J..u.n.e., ~2D13, by and between the
City of Cranston (hereinafter referred to as "City" or "Employer") and the International Association
of Fire Fighters, Local 1363, AFL-CIO (hereinafter referred to as "Union" or "I.A.F.F." or "Local
1363"). This Collective Bargaining Agreement (hereinafter "Agreement"), is entered into pursuant
to the authority granted by Rhode Island General Laws Title 28, Chapter 9.1, et seq. known as
the Fire Fighters' Arbitration Act, as amended.
Section 1 - Recognition
The City of Cranston recognizes Local 1363 International Association of Fire Fighters, AFL-
cia as the
exclusive bargaining agent for all uniformed employees and all of the full-time civilian
employees of the Cranston Fire Department including the Assistant Chief, Deputy Chiefs, City
Fire Marshal, Superintendent of Fire Alarms and Director of Emergency Medical Service for the
purpose of collective bargaining relative to wages, salaries, hours and working conditions. The
City agrees that each Chief shall be given an individual contract of employment requiring just
cause for termination and providing employment benefits substantially equal to those provided to
bargaining unit members under this collective bargaining agreement.
The rights of the City of
Cranston and employees shall be respected and the provisions of this Agreement shall be
observed for the orderly settlement of all questions.
Section 1.2
Neytral References/Non.Discrimination
(a) All references to an employee covered by this Agreement as well as the use of the
pronoun "he" are intended to include both genders. When the male gender is used, it shall be
construed to include both male and female employees.
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(b) The Employer and the Union agree that they will continue policies of non-discrimination
on the basis of an individual's race, color, national origin, religious affiliation, gender, age or
sexual orientation or preference. The Employer and Union mutually agree that there will be no
discrimination against an employee because he is or is not a member of the Union or because he
engages or does not engage in activities protected by the Rhode Island State labor Relations Act.
Section 2 • Union Security
(a) Any member of the Fire Department who is a member of Local 1363 as of July 1, 2001,
and any member of the Fire Department who becomes a member of Local 1363 during the term
of this Agreement, shall remain a member of Local 1363 for the duration of this Agreement.
(b) All present employees of the Fire Department of the City of Cranston who are not
members of Local 1363, International Association of Fire Fighters, AFL-CIO on the effective date
hereof, shall not be required to become members of Local 1363 during the term of this
Agreement, but shall, as a condition of employment, pay to Local 1363, the employees' exclusive
collective bargaining representative, an amount of money equal to that paid by other employees
in the bargaining unit who are members of Local 1363, which shall be limited to an amount of
money equal to Local 1363's regular and usual initiation fees and its regular and usual dues and
its general and uniform assessments levied upon its members in connection with its
responsibilities as the collective bargaining agent for employees of the Cranston Fire Department.
(c) The failure to maintain membership in Local 1363, in accordance with the terms of this
Agreement, or the failure to pay to Local 1363 charges and assessments in accordance with subparagraph (b) hereof, shall be considered a ground for dismissal under the provisions of this
Agreement; provided, however, that nothing contained herein shall be construed so as to place
any obligation upon the City to discharge any employee for non-membership in Local 1363, if (1)
the City has reasonable grounds for believing that such membership was not available to the
employee on the same terms and conditions generally applicable to other employees, or (2) if the
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City has reasonable grounds for believing that membership was denied or terminated for reasons
other than the failure of the employee to tender the periodic dues and initiation fees uniformly
required as a condition of acquiring or retaining membership.
Section 3 • Dyes Dedyction
Upon receipt by the City of a signed, voluntary authorization form by the employee, the City
agrees to deduct union membership dues from the pay of said employee and remit the aggregate
amount to the Treasurer of Local 1363 by the 15th day of the month following the month of
deduction.
An employee's authorization may be revoked by sending a signed written notice
thereof to the City, which shall send a copy of said revocation to the President of the Union.
All members of the bargaining unit who have elected not to join the Union shall remit an
agency fee to the Union in accordance with applicable law. This agency fee shall be deducted by
the City from the earnings of non-members and be remitted to the Union in the same manner as
Union dues.
The Union shall indemnify and hold the City and its officials harmless against any and all
claims, legal proceedings, orders and judgments, including costs and reasonable legal fees, as a
result of the City's compliance with this Section.
Section 3.5 - Management Rights
Except to the extent there is contained in this Agreement express and specific
provisions to the contrary or a duly established past practice in the Department, all authority,
power, rights, jurisdiction and responsibilities for the management of the Cranston Fire
Department are retained and reserved exclusively to the City.
The rights reserved to the City include, but are not limited to, the right to determine the
overall budget and mission of the Department; to maintain the efficiency and effectiveness of
operations; to determine the services to be rendered and the operations to be performed; to direct
and supervise employees; to transfer, assign and schedule employees; to suspend, discharge or
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otherwise discipline employees for just cause; and issue rules and regulations for the conduct of
the Department.
Section 4 - Seniority
Employees covered by this Agreement shall have seniority rights in grade and said
seniority insofar as practicable shall prevail with regard to the following:
(a) Transfers to any Division, department or position by whatever name the transfer may
be labeled, except those that are filled by promotional or eligibility lists established by the
Personnel Director according to the Personnel Rules and the City Charter except as
otherwise provided in this Agreement.
(b) Days off, holidays, vacations and any and all circumstances or situations by whatever
name they may be given; provided, however, that an employee may reject the position or
benefit at his discretion without the need of any explanation on his part.
Further, in the
event that an employee shall reject a pOSition or benefit, it shall not be construed as a
waiver of his seniority rights in any subsequent situation where seniority would prevail. In
the event that an EMTC requests to get off Rescue and then after expiration of his
cards/licenses decides to go back to Rescue the City shall not be obligated to pay for
retraining of the employee.
(c) Department seniority shall be defined as an employee's length of service with the
Cranston Fire Department.
In the event more than one member was appointed as a
permanent employee of the Cranston Fire Department on the same day, their relative
seniority shall be determined by their rank at the completion of the recruit training
school. The seniority of officers shall be determined by the length of time in service in the
Cranston Fire Department.
An employee's seniority shall be terminated and his seniority rights forfeited as a result
of resignation, retirement or discharge for just cause.
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(d) A bid system shall be adopted (with details to be worked out by the parties) under
which employees may bid for jobs. The successful bidder for any job shall be entitled to a
reasonable trial period of not more than sixty (60) calendar days to determine whether he
can acquire the skills necessary for the performance of said job in a reasonably
satisfactory manner; provided, however, that in cases where the City and the Local
mutually agree, such trial period shall not be mandatory. At the end of sixty (60) calendar
days from the date of trial transfer, the employee shall be considered as being transferred
in accordance with the provisions of this Section except in cases where the City and the
Local may mutually agree to extend such trial period.
If, during the trial period, the City
removes the employee from such position for alleged lack of reasonable progress in said
position, the employee shall have the right to file a grievance in accordance with the
provisions of this Agreement. The term "reasonable progress" as used herein shall mean a
comparison of the progress of the employee involved with the performance on said job of
the average employee performing such work. Any disputes over the reasonableness of the
trial period and/or the progress of the employee on the job shall be subject to the grievance
procedures as previously mentioned.
Notwithstanding the bid system under which employees may bid for jobs, the
Department may make assignments to jobs without allowing employees to bid where there
is an overriding reason or justification for the assignment.
In any case where such an
assignment is challenged by an employee or the Union, the burden will be on the City to
demonstrate an overriding reason or justification.
The assignment will not be disturbed
unless the City's decision was arbitrary or capricious.
(e) It is understood by the parties hereto that during the trial period, a biweekly progress
report will be made by the employee's supervisor, a copy of which shall be furnished to the
employee, the Chief of the Fire Department and Director of Personnel. The form of said
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progress report shall be substantially the same as is now being used by the Director of
Personnel.
(f) A permanent and up-to-date seniority list shall be posted and maintained on the
Bulletin Board at Fire Headquarters for the benefit of all employees and all future seniority
questions shall be resolved in accordance therewith.
(g) The City also agrees to furnish to the Local and maintain an up-to-date seniority list, a
copy of which is posted on said Bulletin Board.
(h) If one person or more is on long term sick leave or long term injured-on-duty leave on
anyone of the four (4) Platoons, the Chief of the Department shall have the right to open
anyone of those positions as temporary position for bid in accordance with the seniority
clause of this agreement. When the employee or employees who were out return to work
or the Chief of the Department terminates the temporary position, then the employee or
employees who bid that position(s) shall return to his normal position.
Long term sick
leave or long term injured-on-duty leave shall mean any employee who has been out of
work for at least three (3) continuous months or the prognosis is that an employee will be
out for three (3) months or longer.
(i) Temporary details from one position to another position, within a Platoon, shall be done
by seniority. Rescue personnel must be E.M.T.C. qualified.
U) Civilian Employees covered by this Agreement seniority shall be based on the total
years of continuous service with the City of Cranston.
Section 4.5 - Vacancies - privates And Officers Ranks
1.
Vacancies in the Privates' ranks shall be filled as soon as practicable after the date
vacancy occurs. A vacancy occurs as a result of a retirement, death, promotion or termination.
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2.
Vacancies in the Officers ranks shall be filled immediately days after the date the vacancy
occurs. In order for this vacancy in the Officers ranks to be filled, there must be an employee on
an active certified promotional list and the vacancy occurs because of a promotion, retirement,
death, or termination (for whatever reason).
Section 4.6 - Vacancies Civilian Employee Positions
Vacancies in civilian employee positions shall be filled as soon as practicable after the date
the vacancy occurs.
Section 5 - Temporar:y Service Oyt Of Rank
Members of the Cranston Fire Department, up to and including the rank of Assistant Chief
of the Department, who are ordered to assume the responsibilities of a higher rank shall be
compensated for this service at the out of rank pay of one-fourth (1/4th) of the employees rate of
pay for whom said employee is filling in for, provided such service is for a period of one-half (1/2)
day (five (5) hours), or one-half (1/2) night (seven (7) hours) of each working day or night. Such
higher rate shall apply for all time spent at higher rank.
In the case of a Private who assumes
command of a Company in the absence of a Captain, he shall be compensated at the rate paid a
Lieutenant.
In the event of a vacancy in the officers' ranks on a particular Platoon, such vacancy shall
be filled at once by a man on the promotional list working on the particular Platoon. All vacancy
fill-ins should be done by seniority on each Platoon, using employees who are on the promotional
list. In the event that all employees who are on the promotional list on a particular Platoon reject
the vacancy fill-in, the Chief shall have the right to order the employee on a particular Platoon
who is on the promotional list with the least amount of seniority to fill that position.
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In any case where an employee serving out of rank contracts an illness or suffers injury in
the performance of his duty, he shall be entitled to all of the benefits provided by Chapter 45-19-1,
including pay at the rate he was receiving while serving out of rank. In the event an employee so
disabled is subsequently placed on a disability pension, his pension shall be based on the pay of
the person that he was filling in for.
Section 5.1 • Temporaey Service Qyt Qf Class· Civilian Employee
Any employee assigned to assume the duties of a higher classification on a temporary
basis and who serves in said position for a period of more than five (5) consecutive working days
shall be entitled to be compensated at the minimum rate of pay for the position in which he or she
serves.
Should this temporary assignment be for less than five (5) consecutive working days,
then there shall be no salary adjustment.
Section 6 . promotions
Promotion to the rank of Lieutenant and Captain on the Fire Department shall be made
from the most senior person on the appropriate certified promotional list. Promotions to the ranks
of Chief, Assistant Chief, Deputy Chief, Director of Emergency Medical Services, Fire Marshal,
Superintendent of Fire Alarm, shall be made from the certified promotional list in accordance with
the provisions of the City Charter. All certified promotional lists shall run concurrently regardless
of the date of the certification of the promtional list by the Director of personnel.
Promotions 10 all of the above ranks shall be made from the appropriate certified
promotional lists for those positions du ring the total two (2) year length of said promotional lists
for any promotional vacancy that during the time frame said lists are in effect (e.g. a promotional
list is certified on January 1, 1996, through December 31, 1998; a promotional vacancy occurs on
December 30, 1998; that promotional vacancy shall be filled from the certified promotional list
beginning January 1, 1996 through December 31, 1998, for that position).
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Section 6.1 • promotional procedures
Competitive examinations within the Fire Department shall be subject to the following rules:
A.
Eligibility· Lieutenants and Captains
1. No member will be eligible to become a Lieutenant unless he has served at least five
(5) years of service in the Department and at least two (2) years of service as a
member of the Fire Fighting Division including his year of probation.
2. A member must possess an E.M.T.C. Certificate and must also have one (1) year of
service on Rescue vehicles within the Cranston Fire Department prior to being
appointed to Rescue Lieutenant.
3. No member will be eligible to become a Captain unless he is currently a Lieutenant and
has at least three (3) years of service as a Lieutenant.
4. No member will be eligible to become a Rescue Captain unless he is currently a
Rescue Lieutenant and has at least three (3) years of service as a Rescue Lieutenant.
5. No member will be eligible to become a Lead Lineman unless he has at least two (2)
years of service in the Fire Alarm Division.
6. No member will be eligible to take an examination for the above positions unless he is
eligible for promotion on the date of the first day the certified promotional list would be
in effect.
7. Written examinations will be given to permit an adequate evaluation of the degree of
achievement and preparation for the rank involved and each candidate will be graded
so that a possible score of 100 points may be obtained.
Fire Fighters' promotional
grade will be based on a score of 65 points. Fire Fighters successfully passing will be
placed on the promotion list.
Upon promotion, a Fire Fighter shall serve a six month
probationary period before being permanently assigned to the position.
The Fire
Fighter will be evaluated during the first six months by the Chief or his designee on a
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bimonthly basis.
A promoted Fire Fighter may be removed during his probationary
period for just cause. Promotional lists may run for two (2) years.
8. A Rescue Driver can be appointed an acting Rescue Lieutenant even through he is not
on the promotional list. A qualified Fire Fighter may be used as a Rescue Driver. The
present practice of being able to move a Rescue Driver to another station as an acting
Rescue Lieutenant will be continued.
9. A Fire Fighter, who has at least five (5) years of service on the Cranston Fire
Department, can be appointed an acting officer even though he is not on the
promotional list. This may be done when there is no one on the promotional list or if
there is no one on the promotional list on a particular Platoon. The senior qualified man
shall be appointed the acting officer. The Chief or Deputy Chief shall determine who is
qualified. The senior man may refuse down to the level that the Chief or Deputy Chief
determines is qualified. The City agrees to maintain promotional lists.
B.
Eligibility - Chief of the Department, Assistant Chief, Deputy Chief, Superintendent of Fire
Alarm, City Fire Marshal and Director of Emergency Medical Services.
1. No member will be eligible to become Chief of the Department unless he has at least
three (3) years of service as Deputy Chief, Fire Marshal, Hazardous Materials Officer or
Training Officer.
2. No member shall be eligible to become Assistant Chief unless he has at least three (3)
years service as Deputy Chief, Fire Marshal, Hazardous Materials Officer or Training
Officer.
3. No member will be eligible to become a Deputy Chief, City Fire Marshal, Hazardous
Materials Officer or Training Officer unless he has at least three (3) years of service as
a Captain.
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4. No member will be eligible to become Superintendent of Fire Alarm unless he has at
least five (5) years of service in the Fire Alarm Division.
5. No member will be eligible to become Director of Emergency Medical Services unless
he has at least three (3) years of service as a Captain in the Rescue Division.
6. No member will be eligible to take an examination for the above positions unless he is
eligible for promotion on the date of the first certified promotional list would be in effect.
7. Written and oral examinations will be given for promotion Chief of the Department,
Deputy Chief, Assistant Chief, Superintendent of Fire Alarm, City Fire Marshal and
Director of Emergency Medical Services. Points for seniority will be added into the total
score.
8. Credit for seniority shall be given for actual service only, excluding probationary period
and rank or grades specified at time of examination by the Personnel Director.
Seniority shall be computed as of the date of examination. Credit for seniority shall be
obtained by adding to standard grade of 65 the following points:
One-half (1/2) point for each full year of service for the first ten (10) years.
One (1) point for each full year of service for the next ten (10) years.
Two point for each full year of service over twenty (20) years.
C.
Notification of Promotional Examination
1. At least forty-five (45) days prior to any promotional examination, the Personnel Director
shall cause notice of such examination to be posted on the Fire Department Bulletin
Board of each station. Such notice shall contain, among other information, the source
of all materials from which the written examination will be taken.
2. The percentage (%) of the approximate number of examination questions in each of the
subject areas to be tested shall be posted on the Fire Department Bulletin Boards in
each station thirty (30) days prior to the date of the examination.
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3. Any written examination given which does not comply with the provisions of the
foregoing paragraph shall be subject to grievance of contract.
D.
Sign-up Period for Promotional Examinations
All employees shall have at least twenty (20Ldays within the forty-five (45) day notification
period for promotional examination as listed in Subsection C to sign up for promotional
examinations.
Applications for the promotion exam will be in accordance with RI State
Laws and the RI Fair Employment Act, RIGL 28-5-7(7).
E.
Preparation of Written Examination:
The written examination shall be prepared by the Director of Personnel.
F.
Promotional Examinations for Certified Lists
1. The Director of Personal shall give a promotional exam every two (2) years in all
divisions and ranks or if the list has been severely depleted or used in its entirety.
Members who attain the required score will be placed on a permanent promotional list
until he or she is promoted by their seniority not to exceed a period of four (4) years.
2. The Director of Personnel shall not be required to conduct a promotional examination
when there are no current employees who meet the eligibility requirements. When said
members would meet these requirements, the Director of Personnel shall insure that all
the applicable provisions of Section 6.1 will be followed.
G.
The City shall provide each station, division, and bureau with a complete set of current
promotional material for all promotional examinations for all ranks within the Cranston Fire
Department. Any changes in the source materials, such as new editions, new texts, etc.,
shall be provided on the date of the posting of the promotional exam to each station,
division, and bureau.
H. List of Soyrce Materials Will Be as follows:
Chief! Asst Chief! Depyty Chief:
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MANAGEMENT IN THE FIRE SERVICE, (NFPA)
HAZARDOUS MATERIALS, MANAGING THE INCIDENT, IFSTA
CHIEF OFFICER, IFSTA, CURRENT EDITION
FIRE FIGHTING PRINCIPLES AND PRACTICES, WILLIAM CLARK, 2ND EDITION
MANAGING FIRE AND RESCUE SERVICE, ICMA
EMS Director
CURRENT RI PREHOSPITAL CARE & PROTOCOLS AND STANDING ORDERS
CHIEF OFFICER, IFSTA, CURRENT EDITION
MANAGING FIRE & RESCUE SERVICES, ICMA
MANAGEMENT IN THE FIRE SERVICE, (NFPA)
EMERGENCY CARE, BRADY, CURRENT EDITION
Superintendent of Eire Alarm
Life Safety Code NFPA 101, Current Edition
Uniform Fire Code, NFPA 1, Current Edition
Rhode Island Uniform Fire Code, Chapter 13
NFPA, 72 National Fire Alarm Code, Current edition
1221 Standard for Installation, Maintenance and Use of Emergency Communication
System, Current Edition
Eire Captains and Eire Lt.;
ESSENTIALS OF FIRE FIGHTING, IFSTA, CURRENT EDITION
EFFECTIVE SUPERVISORY PRACTICES, BETTER RESULT THROUGH TEAM
WORK,ICMA
FIRE FIGHTING PRINCIPLES AND PRACTICES, WILLIAM CLARK, 2ND EDITION
FIRE DEPARTMENT COMPANY OFFICER, IFSTA, CURRENT EDITION
Rescue Captains and Rescue Lt.;
CURRENT RI PREHOSPITAL CARE & PROTOCOLS AND STANDING ORDERS
FIRE DEPARTMENT COMPANY OFFICER, I FSTA, CURRENT EDITION
EFFECTIVE SUPERVISORY PRACTICES, BETTER RESULT THROUGH TEAM
WORK,ICMA
EMERGENCY CARE, BRADY, CURRENT EDITION
Lead Lineman
Emergency Service Communication, NFPA 1221, Current Edition
Private Fire Protection and Detection 210, International Fire Service Training Assoc.
(Chapter 6 Only)
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Fire Alarm Signal Systems, NFPA, Richard W. Bukowsaki and Robert J. O'Laughlin"
Current Edition
Rhode Island Uniform Fire Code (Chapter 13)
Section 6.2 • promotional procedyres For Civilian Employees
A competitive examination pursuant to Civil Service Rules and Regulations, any changes to
the present Civil Service Rules and Regulations shall be forwarded to Local 1363 International
Association of Fire Fighters and be subject to Grievance and Arbitration procedures .
.Credit for seniority shall be given for actual service only, excluding probationary period, and
rank or grades specified at time of examination by the Personnel Director.
Seniority shall be
computed as of the date of examination. Credit for seniority shall be obtained by adding to the
standard grade of seventy (70) the following points:
One-half (1/2) point for each full year of service for the first ten (10) years.
One (1) point for each full year of service for the next ten (10) years.
No additional credit for service in excess of twenty (20) years.
Section 6.3 • Rescue Division· Emergency Medical Technicians (EMTC)
Certification Requirements
In addition to the eligibility requirements in Section 6.1 hereof, in order to remain a Rescue
Captain, Lieutenant, or Director of Emergency Medical Services his E.M.T.C. Certificate must be
kept current and failure to renew the E.M.T.C. Certificate and keep it current will result in
automatic reduction to Private status. If a Rescue Captain or Lieutenant transfers outside the
Rescue Division the rank of Captain or Lieutenant will not be carried into any other Division and a
Rescue Captain or Lieutenant who transfers out of the Rescue Division will return to the rank of
Private.
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Section 6.4 - Officer/Acting Officer
In-Service Operable Apparatus
There shall be an officer or acting officer in charge on all in-service operable apparatus on
all Platoons.
Section 6.5 - Dispatch Operations
Through December 31,2010, there shall be two (2) firefighters on duty at all times in Fire
Alarm, one (1) who must be either a Fire Alarm Lieutenant or an Operator; thereafter, there shall
be, instead, two (2) civilian dispatchers on duty at all times.
Section 6.6 - Fire prevention Bureau
There shall be assigned to the Fire Prevention Bureau one (1) City Fire Marshal, one (1)
Captain, and three (3) Lieutenants.
Section 6.7 - Training DiYision
There shall be assigned to the Training Division one (1) Training Officer/Deputy Chief and
one (1) Captain to be assigned as of January 1, 2011. The recruit training school will consist of a
minimum of sixteen (16) weeks with an added two (2) weeks for the purpose of trainees being
assigned to in service apparatus.
During this two (2) week period, the trainees will not count
toward minimum staffing.
During the eighteen week training academy, recruits will receive two-hundred ($200) dollars
less of the weekly salary of the first (1 st) year firefighter. Recruits will also not be eligible for any
holiday payor clothing maintenance pay during this period.
Section 6.8 - Hazardous Materials Bureau
There shall be assigned to the Hazardous Materials Bureau one (1) Hazardous Materials
Officer/Deputy Chief (effective July 1, 1996).
Section 6.9 Eire Department Apparatus Structure
The in service apparatus structure of the fire department will consist of the following:
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6 Engine Companies
3 Ladder Companies
4 Rescue Companies
1 Special Hazards Company
Each company shall have assigned to it a Captain and 3 Lieutenants.
Section 7 • Dyties
(a)
Consistent with municipal, state and federal law, the duties of the members of the
Cranston Fire Department shall consist of the protection of life and property; the
prevention, control and extinguishment of fires; emergency medical services; and the
enforcement of laws and regulations related to fire prevention and public health and
safety.
In the event of emergencies, the Chief of the Department or his designee may direct
the on-duty platoon to shovel hydrants and pump cellars.
(b)
There shall be no contracting out of the duties or responsibilities presently performed
by members of Local 1363 IAFF or other employees of the Cranston Fire Department.
(c)
There shall be no privatization of any Division or Bureau of the Cranston Fire
Department.
(d)
There shall be no consolidation of the Cranston Fire Department into a Public Safety
Organization with any other City of Cranston Department, any other City, Town, or
private and public Fire District, any Private Fire Protection or Rescue Organization.
(e)
There shall be no duties or responsibilities presently performed by members of Local
1363 IAFF or other employees of the Cranston Fire Department performed by any
other City of Cranston Departments or any other organizations.
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Section 1.5 • Work Conditions
With the exception of ice Rescue boat drills no outside drills or inspections or details shall
be conducted when the temperature is below 32 degrees or above 90 degrees.
Section 8 - Detail To other Departments
The City of Cranston agrees that members of the Cranston Fire Department whose duties
are defined in Section 7 shall not be detailed to other Departments of the City. The details from
one unit to another within the Fire Department shall be the responsibility of the Chief of the
Department.
Section 9 - Hoyrs
(a) The regular work schedule for members of the Fire Fighting units, Rescue and Fire
Alarm Operators' units (through December 31, 2010 at which time the Fire Alarm
Operators' unit shall be replaced by civilian staff) shall be an average workweek of
forty-two (42) hours; the work schedule to consist of four (4) Platoons working two (2)
consecutive days of ten (10) hours each, two (2) consecutive nights of fourteen (14)
hours each, followed by four (4) days off. The regular workweek for members of other
Divisions of the Fire Department shall be forty (40) hours per week, to be worked in
four (4) days of ten (10) hours each, in such manner as may be agreed upon between
the Chief and Local 1363.
(b) The regular work schedule for civilian employees of the Fire Alarm Division and the
Maintenance Division shall be forty (40) hours per week, Monday through Friday, to be
worked in four (4) days of ten (10) hours each, in such a manner as may be agreed
upon between the Chief and Local 1363 International Association of Fire Fighters.
Effective January 1, 2011, the regular work week for the civilian members of the
dispatch center shall be forty (40) hours per week, to be worked in three (3), eight (8)
hour shifts.
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Effective July 1, 1995, the regular work schedule for civilian employees in the Clerical
positions shall be a thirty-five (35) hours per week, seven (7) hours per day Monday
through Friday.
Section 1Q - Sybstitytions
The right to substitute at any time shall be permitted; provided, however, that permission to
substitute a ten (10) hour shift or a fourteen (14) hour shift must be obtained from the Deputy
Chief or Division Head affected by the substitution.
If permission is obtained from a Division
Head, such Division Head shall notify the Deputy Chief. This shall section shall also apply to the
civilian dispatchers' eight (8) hour shifts.
Section 11 • Overtime
All employees shall be compensated for hours worked in excess of their normal tour at the
overtime rate of pay as hereinafter set forth. In the event that an employee normally working on a
forty (40) hour workweek is temporarily assigned because of vacation or illness or other cause to
a workweek of longer hours, he shall be compensated for the additional hours at the overtime
rate of pay herei nafter set forth.
In order for any employee covered by this Agreement to be entitled to overtime pay for any
hour, said employee must work thirty (30) minutes or more. In the event that the overtime is less
than thirty (30) minutes, there shall be no overtime compensation for such period of time which is
less than thirty (30) minutes.
The hourly rate of overtime shall be time and one-half said employee's regular hourly rate.
"Hourly rate" as used in the preceding sentence is one-fortieth (1/40) of the weekly rate.
Section 11,1 -Overtime Callback provisions
The overtime call back rules will be mutually agreed upon by the Fire Chief and Local
1363. The method goveming overtime call back will be listed in an agreement between the Fire
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Chief and Local 1363 dated July 1, 2007. Any changes to these rules must be agreed upon by
both parties.
Section 11.2 Mytual Aid
1.
When Cranston Fire Fighters leave the City on a mutual aid (projected over two (2)
hours in length), the City shall call back the same number of Fire Fighters to staff fire
apparatus or supplement the staffing on in-service fire apparatus remaining in the
City.
2.
When the City of Cranston receives mutual aid from surrounding communities for
fire apparatus assigned to Cranston fire stations (projected over one (1) hour in
length), the City will call back one (1) Fire Fighter from the Fire Fighting Division for
each piece of mutual aid fire apparatus provided by the surrounding communities.
Section 12 - Callback pay
Fire Fighters covered by this Agreement, who are called back during emergencies, shall be
compensated for at least four (4) hours, at the rate set forth in Section 11 hereof.
Civilian employees covered by this Agreement, who are called back during emergencies,
shall be compensated for at least three (3) hours, at the rate set forth in Section 11 hereof.
Section 13 - Special Detajls
(a) In any case where an employee covered by this Agreement is assigned to a special
detail of a private nature for an employer other than the City, said employee shall be
paid the detail pay hereinafter set forth by the individual corporation or organization for
whom said employee is working before or at the end of the detail period.
(b) All employees covered by this Agreement who are assigned to a special detail of a
private nature for an employer other than the City shall be guaranteed a minimum of
four (4) hours' pay at the rate of time and three-quarters (1-3/4) the average current
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hourly rate of pay based on the ranks of Captain, Lieutenant; and fire fighter (after
three (3) years).
In addition, on Christmas Eve, Christmas Day, New Year's Eve, New Year's Day,
Thanksgiving Day, Easter Sunday, St. Patrick's Day, Memorial Day, Independence Day,
Labor Day, Columbus Day and Armistice Day, they shall be paid at the rate of double
the employee's time and three-quarters (1-3/4) rate for special details, with a minimum
four (4) hour guarantee.
No employee shall be permitted to take a private detail on the night immediately
following any day tour of duty where he has been out sick or on injury leave for said
tour, nor on the day immediately following any night tour of duty when he has been out
sick or on injury leave for said night tour. All detail pay shall be time and three-quarters
(1-3/4) the average current hourly rate of pay based on the ranks of Captain,
Lieutenant, and fire fighter (after three (3) years).
(c) Whenever an employee of the Cranston Fire Department who has been assigned to a
private or special detail is injured in the course of such detail, he shall be compensated
by the City for all medical and hospital expenses, etc., and the regular rate of pay is to
be continued during the period of incapacity as provided by Section 45-19-1 of the
General Laws of Rhode Island 1956, as amended.
The City shall be subrogated to any third party who may be liable to a member for
payment hereunder; provided, however, that the City shall not be subrogated for any
sums of money received by the injured Fire Fighter for pain and suffering.
(d) In the event any employee covered by this Agreement is sued in any civil proceeding
as a result of actions performed by said employee in the performance of their duties on
a private or special detail, the City agrees to provide the employee with all necessary
legal assistance and further agrees to pay any judgment rendered against said
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employee in any such proceedings, provided however, that the City shall have the right
to deny all or a portion of the benefits under this section if it determines that the
employee acted outside the scope of their employment.
(e) No employee covered by this Agreement shall be compelled to parade or to attend the
Inaugural Ball or other civic functions, but may parade and attend said Inaugural Ball
or other civic functions on a voluntary basis without pay.
(f) A special detail list shall be established on the basis of departmental seniority,
irrespective of rank, and shall be used on a rotating basis. This special detail list shall
be maintained and administered by the President of Local 1363 International
Association of Fire Fighters, AFL-CIO or his designee.
Section 14 - Vacatjons
(a)
All permanent employees who have less than five (5) years' service in the
Department as of April 1 in any year shall be entitled to a vacation of twelve (12)
working days during such calendar year. All employees who have completed five
(5) years or more of service in the Department prior to April 1 of any year shall be
entitled to a vacation of eighteen (18) working days during such calendar year. All
employees who have completed ten (10) years of service or more in the
Department but less than fifteen (15) years prior to April 1 in any year shall be
entitled to a vacation of twenty (20) working days during such calendar year. All
employees who have completed fifteen (15) years prior to April 1 in any year shall
be entitled to a vacation of twenty-two (22) working days during such calendar year.
All employees who have completed twenty (20) years or more years of service in
the Department prior to April 1 shall be entitled to a vacation of twenty-four (24)
working days during such calendar year. Effective January 1,2002, all employees
who have completed twenty (20) or more years of service in the Department prior
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to April 1 shall be entitled to a vacation of twenty-six (26) working days during such
calendar year. For contract year July 1, 2009 to June 30, 2010, all members will
defer one (1) vacation working day. Also, a member can also voluntarily defer one
(1) additional vacation working day. Both days to be paid at the time of retirement at
one-fifth (1/5) the members current weekly salary. For contract year July 1,2010 to
June 30, 2011, all members will waive and relinquish one vacation working day.
(b)
Seniority shall apply in selecting the vacations by Platoon without regard to rank,
and shall be determined by the length of time that an employee covered by this
Agreement has been in the Cranston Fire Department.
(c)
Seniority shall apply in selecting vacations by department or Divisions for
non- Platoon employees without regard to rank, and shall be determined by the
length of time that an employee covered by this Agreement has been employed in
the Cranston Fire Department.
(d)
Employees shall be given a reasonable time period to pick their vacations.
Reasonable time shall be determined by Local 1363 and the Chief of the
Department.
(e)
All employees may pick their vacation one working day at a time, but no more than
twelve (12) consecutive working days at any time. Employees shall be allowed to
change their vacation six (6) times during the calendar year.
(f)
There shall be no more than six (6) employees plus one (1) Deputy Chief per
Platoon on vacation at any given time except with permission of the Chief of the
Department.
(g)
In the event an employee dies during any calendar year prior to his taking a
vacation, the amount of his vacation entitlement shall be paid in cash to his estate.
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(h)
An employee who terminates his employment or retires during any calendar year
prior to his taking a vacation shall be entitled to vacation pay in accordance with
the schedule enumerated in Section 14 (a) above.
(i)
An employee may elect during each calendar year to defer from one (1) to four (4)
of their vacation days.
These deferred days may be accumulated up to a
maximum of thirty (30) working days. These credited accumulated working days
will be paid to each member at the time of the members retirement based at the
current rate of one-fifth (1 15th) of the members weekly salary.
(j)
All employees may be able to accrue up to a maximum of thirty-five (35) working
days.
This includes the non-voluntary deferred four (4) days of calendar year
1992, and the thirty (30) voluntary deferred days listed in Subsection (I). These
credited deferred accumulated vacation days will be paid to each member at the
time of the member's retirement based at the current rate of one-fifth (1/5) of the
member's weekly salary.
Section 14.5· Vacations Civilian Employees
Effective July 1, 1986, all permanent classified employees who haye less than fiye (5)
years' serYice in the Department as of January 1 in any year shall be entitled to a yacation of
sixteen (16) working days during such calendar year, All employees who haye completed fiye (5)
years but less than ten (10) of service in the Department prior to ,January 1 of any year shall be
entitled to a yacation of nineteen (19) working days during such calendar year. All employees
who have completed ten (10) years of service or more in the Department prior to January 1 in any
year shall be entitled to a yacation of twenty four (24) working days during such calendar year
who have less than
fi~'e
(9) years of serviee with the City, shall aeel:lml:llate '.'aeation leave at the
rate of one an€l one thir€l (1 1/3) €lays l3er month totaling silaeen (16) €lays l3er year.
All
l3ermanent elassifie€l eFRl3loyees '....ho have FRore than five (9) years bl:lt less thaR teR (1 Q) years
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\VitA tAe City sAall aeeuffiulate vaoation leave at the rate of 1.§S3 says Iiler mantA totaling
nineteen (19) says Iiler year.
1\11 Iilermanent classifies effilillsyees wAo Aave ten (19) years sr
ffiSFO of serviee '....itA the City sAall aeeuffiulate vaoation leave at tAe rate of two (2) says Iiler
fRontA !atalin!) twenty four says (24) Iiler year. It is also agreed that any employee with ten (10) or
more years of service on December 31 st, may elect to be paid up to five (5) days vacation pay for
time accrued in excess of eighteen (18) days per year. Vacation periods shall be set by mutual
agreement between the Department/Division Head and the employee. If there is a conflict as to
the choice of vacation between employees, it shall be decided on the basis of seniority.
Section 15 - paid Holidays
The following holidays shall be paid holidays for members of the Department:
New Year's Day
Memorial Day
Firefighter's Memorial Sunday
(2nd Sunday in Oct.)
Martin Luther King Day
Independence Day
Columbus Day
Washington's Birthday
V-J Day
Armistice Day
Easter Sunday
9/11 Memorial Day
Thanksgiving Day
RI Independence day
Labor Day
Christmas Day
EaoA ffiemeer waives the fallewing Aolisay Iilay far Contrast Year July 1, 200S ts JURe 39, 2999
far tAe fallowing holisays:
Presisent's Day, Easter Sunsay, R.I. Inselilensenoe Day, Meffiorial Day
Holiday pay shall be thirty-two and a half percent (32.5%) the employee's weekly salary
combined with the employee's longevity payment, and shall be paid to each employee over and
above his weekly salary, whether he works the holiday or not.
Any employee substituting at a higher rank shall be paid at such higher rank for any holiday
occurring during the period that said employee is serving at such higher rank.
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The eight (8) paid holidays involuntarily deferred in contract year July 1, 1991, through
June 30, 1992, will be paid to all eligible employees at their retirement at one-fourth (1/4) the
employee's weekly salary combined with employee's longevity effective at retirement.
Holiday pay shall be included in employee's annual salaries for pension purposes effective
July 1,1981.
paid Holidays for Civilian Employees
The schedule of paid holidays for civilian employees shall be as follows:
New Year's Day
Memorial Day
Firefighter's Memorial Sunday
(2nd Sunday in Oct.)
Martin Luther King Day
Independence Day
Columbus Day
Washington's Birthday
V-J Day
Armistice Day
Easter Sunday
9/11 Memorial Day
Thanksgiving Day
RI Independence day
Labor Day
Christmas Day
When any of the above holidays fall on a Saturday, employees will be given the preceding
Friday off. If the holiday occurs on a Sunday, employees will be given the following Monday off.
Employees who work on the holiday will be paid time and one-half (1-1/2) for the hours worked in
addition to their holiday pay. In the event Christmas Eve or New Years Eve fall on a Friday or a
Sunday, employees shall be granted another day off by mutual agreement between the employee
and his/her Department or Division Head.
Section 15.1 - Uniform Clothing AllOwance and Voycher
The City agrees to supply employees of the Fire Department by November 1 each year the
following clothing and equipment:
i\.
Firefighters.'Drivers/Fire Officers:
Four (4) sets of station uniforms and one (1) pair of blael( shoes or blacl( athletic shoes each year.
26
F.A..
Chief of the Department, Assistant ChieflDeputy Chiefs, Superintendent of Fire
Alarm, Fire Prevention Officers, EMS Director, Hazardous Material Officer/Deputy
Chief, and Training Officer/Deputy Chief:
Two (2) pairs of dress blue uniform trousers, a dress blue blouse or jacket, a hat,
five (5) dress white shirts, one (1) black neck tie, and one (1) pair of black shoes on
a one (1) time basis when a member is initially transferred into the above-mentioned
position.
The above-mentioned items of clothing will be replaced as soon as
practicable with similar clothing when, upon inspection, such clothing is worn,
destroyed, or mutilated as a result of normal wear and tear or as the result of
destruction in the line of duty and upon the surrender by member of said clothing.
B.
ResGl:Je Dr:iversfReseue O#ieeFs:
Four (4) sets of station uniforrns, and one (1) pair of blaek shoes or blael( athletie shoes eaeh
year.
e,...~Mechanics:
Four (4) sets of blues, one (1) pair of black shoes each year and three (3) sets of
rental coveralls per week.
FI-,.c...
Civilian dispatchers will receive three (3) collared polo shirts per year.
Fire Department issued collared polo shirts may be worn in place of the blue
uniform shirt. New hires will receive four (4) sets of station uniforms four (4) collared polo shirts
and one (1) pair of shoes.
C.
Fire Alarrn Oflerators/Fire j'.larrn Lieutenant:
Four (4) sets of station uniforrns, and one (1) flair of blael( shoes
eash year.
D.
Lead Linernen/Linernen/C;"'ilian Eleetrieian
Four (4) sets of blues, and one (1) pair of blaei( sAoes eaeh year.
27
OF
blael( athletie shoes
E-:--
MeeAaRies:
Four (4) sets of blues, ORe (1) 19air of blael( sAoes eaeA yoar aRa tAroe (3) sots of rORtal eavoroUs
per'....eek.
F
GAiof of tAo DOl9artFRORt, AssistoRt GAiof/Del3uty GAiefs, SUl90riRteRaeRt of Fire
AlarFR, Fire PreveRtioR Offieers, EMS Direetor, l=IazoFElol:Js Material OffieerJDel3uty
GAief, aRa TraiRiRg OffieerlDel9l:Jty GAief:
r .....o (2)
19airs of aress blue uRiforFR tFOI:JSerS, a aress blue blol:Jse or jael(et, 0 Aat,
fi"e (€i) aress WAite sAirls, ORe (1) blaek Reel( tie, aRa ORe (1) pair of blaek sAoos OR
o ORe (1) tiFRO basis ''''AOR a FRoFRbor is iRitiolly traRsferrea iRto lAO abo'.'e FReRtioRoa
190sitioR.
TAe
abov~
FAeRtioRea iteFAs of olotAiRg will bo rOl9laooa as SOOR as
I3raetioablo \'lilA siFRilor olotAiR§ 'fiAOR, 1:J190R iRSlgeetioR, SI:JOA elotAiRg is worR,
aostroyoa, or FRl:Jtilatoa as a result of RorFRal weor aRa tear or as IAe result of
aostruotioR iR tAo liRe of al:Jty aRaI:J130R tAo surreRaer by FAeFRber of saia olotAiRg.
G.
Fim ProveRtioR Offioors:
IR aaaitioR to IAe abo\'o FAoRtioRoa itoFRS of elolAiRg, two (2) sots of stOtioR uRiforFRs eaoA year.
Ff.:.
GiviliaR aisl9atoAers will moei'o'e tAme (3) oollorea 19010 sAirts 1ger year.
fire Del9artFReRt issl:Jea oollama polo sAirts FRay be ",orR iR I9laoe of tAe bll:Je I:JRiforFR sAirt.
~J6'.'"
Aires '....ill reoei'o'e four (4) sels of stalioR I:JRiforFRs four (4) oollama 19010 sAirts ORa ORe (1) 19air of
sAoes.
Effective July 1, 2008
ReFRovo tAo foliowiRg SoetioRs
SeotioR 1§.1l\, B, G, D aRa G
The uniform issue will be by the voucher system. Each member may choose clothing from the
following listed items. NFPAApproved blue uniform shirt and pants, polo shirts, shoos or athletic
shoes and a belt.
The Chief of the Department may add or dolete any additional clothing or
28
equipment he deems necessary to the voucher list.lR 2008 the oost of eaoh vOl:loher will Rot
OlESees fol:lr hl:lRsres fifty ($490) sollars per FRoFRser.
In 2009 the cost of each voucher will not
exceed five-hundred fifty ($550) dollars per member.
Effective July 1, 2015 the cost of each voucher will not exceed six hundred ($600.00) dollars.
Effective July 1, 2016 the cost of each voucher will not exceed seven hundred ($700 00) dollars.
The order shall be placed by the city by September 1 of each year.
New hires will reoei'v'e fol:lr (4) sets of stalioR l:lRiforFRs fol:lr (4) oollares polo shirts aRs ORe
(1) pair of shoes
Section 15.2 - Protective Gear and Clothing Allowance
A.
Firefighters/Drivers/Fire Officers:
Rubber boots, turnout coats, bunker pants with suspenders, helmet with eye
protection and helmet shield, blue uniform work jacket, woolen caps, work gloves,
Nomex hoods, and S.C.SA masks.
S.
Rescue Drivers/Rescue Officers:
Rubber boots, turnout coats, bunker pants with suspenders, helmet with eye
protection and helmet shield, foul-weather gear, rubbers, overshoes, blue uniform
work jacket, woolen cap, Nomex hoods, work gloves, and S.C.SA masks.
C.
O!3eratoFs, Fire AlarFR Liel:lteRaRts:
BIl:le l:lRiforFR 'IIorl( joel(Qts.
g.,.c...
Fire Alarm Linemen, Civilian Electrician/Lead Lineman
Coveralls or overalls, climbing shoes, hard hats, linemen's gloves, all-purpose coats,
heavy-duty rubbers, foul-weather gear, woolen caps, Nomex hood, jumpsuit, and
summer jacket.
&.D... Mechanics:
29
Canvas work jacket, heavy-duty rubbers, steeled toed work shoes, work gloves,
woolen cap.
~.E."
Fire Marshal, Fire Prevention Officers, Hazardous Material Officer/Deputy Chief:
Rubber boots, turnout coat, bunker pants with suspenders, helmet with eye
protection and helmet shields, blue uniform work jacket, heavy-duty rubbers, work
gloves, woolen caps, hard hats, coveralls or overalls and a jumpsuit.
G:-E EMS Director, Training Officer/Deputy Chief:
Rubber boots, turnout coat, bunker pants with suspenders, helmet with eye
protection and helmet shields, blue uniform work jacket, rubbers, work gloves,
woolen caps, and Nomex hood.
The City agrees to furnish all the above-mentioned protective gear and clothing when
members are assigned to these positions if protective gear and clothing has not already been
issued. The City shall reissue, as soon as practicable, similar protective gear or clothing when,
upon inspection, such protective gear or clothing is worn, destroyed, or mutilated as a result of
normal wear and tear or as the result of destruction in the line of duty, and upon the surrender by
the employee of said protective gear or clothing. Effective July 1, 1990, protective gear lost in the
line of duty shall be replaced.
Section 15.3 - press Uniform - Firefighters
The dress uniform in the Cranston Fire Department shall consist of:
One (1) dress uniform cap
One (1) blue blouse
One (1) pair blue trousers
One (1) white long-sleeve shirt with department patch
One (1) black tie
One (1) black belt
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One (1) black pair of socks
One (1) black pair of shoes
All applicable badges, rank insignia, pins, emblems, piping, etc.
The Cily shall pre'fise Ie all firefi!ijhteFS hires prier te dblly 1, 2QQ1, elEell:lsiR!ij these
firefi!ijhters listes iR SeetisR 16.1, sl:lbseetisR (F) the fsllswiR!ij elsthiR!ij:
ORe (1) bh:Je blel:lse
ORe (1) bible pair eHrel:lseFS (mEeept Fire PreYeRtieR Offieers)
ORe (1) .....hite leR!ij sleeve shirt with separtFAeRt pateh aRs raRI< iRsi!ijRia where applieable
iR liel:l ef reeeiviR!ij three (a) sets sf staUeR blRifsrFAs freFA dl:lly 1, 2QQQ threbl!ijh dl:lRe 3Q, 2QQ1,
issl:les SR a eRe (1) tiFAe basis fer that sSRtrast year.
The City shall provide to all firefighters hired after July 1, 2001, on the successful
completion of their probationary year of service in the Department a dress uniform as listed above
with the exception of a black belt and black socks.
The above-listed items of clothing will be replaced as soon as practicable with similar
clothing (exception: belt and socks) when upon inspection such clothing is worn, destroyed, or
mutilated as a result of normal wear and tear or as the result of destruction in the line of duty and
upon the surrender by member of said clothing.
Any necessary change in any article of the dress uniform due to promotions, type of
material, style, etc., resulting in the need to replace an article of clothing shall be borne by the
City as soon as practicable.
Section 15,4 - Clothing Maintenance Allowance
The City agrees to provide each member of the Department with the sum of one thousand
hundred ($1000.00) dollars per year for cleaning, maintenance, and upkeep of said station and
dress uniforms and work attire, said sum to be paid in quarterly (1/4) installments commencing
31
July 1 of each year. Effeoti'v'e July 1, 2008, said aFROuRt shall l3e iRoreased to ORe thousaRd ORe
hURdred ($1100.00) dollars !'ler year.
Eaoh FReFRber '....iII wai'v'e the fiRol olothiR§ FRoiRteRoRoe l30YFReRt ($275.00) for oORtraot year July
1, 2008 to JURe
ao, 2009.
Effective July 1, 2009, said amount shall be increased to one thousand two hundred
($1200.00) dollars per year. The above-listed cleaning, maintenance and upkeep allowance shall
not apply to civilian employees.
Effective July 1 2015 said amoynt shall be increased to ooe thousand and three hyndred
($1300.00) dollars per year.
Section 15.5 -Eire prevention and Eire Alarm Clothing pyrchase
The City agrees to provide employees of the Fire Prevention Bureau and Superintendent of
Eire Alarm six hundred ($600.00) dollars per year for the purchase of civilian attire, said sum to be
paid in quarterly (1/4) installments commencing July 1 of each year.
The above-listed civilian clothing purchase allowance shall not apply to civilian employees.
Section 16 - Sick Leaye
A. Amount of Sick Leave
Sick leave shall be granted at the rate of twenty (20) working days per year accumUlative
to one hundred and sixty (160) working days; provided, however, that members with Five
(5) years' service or more within the Department shall be granted up to an additional sixty
(60) working days' sick leave if the sickness is of such nature as to require a prolonged
period of treatment and recuperation. All uniform and civilian members of Local 1363 who
suffer a long term non-occupational injury or illness and said individual has exhausted
his/her sick leave accrual, other members of Local 1363 may voluntarily donate unused
sick leave to the affected member. The member donating the sick leave will have their sick
leave accrual debited.
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During the month of January in each year the City of Cranston shall cause to be
published and dispatched to the members of the Fire Department their present entitlement
under this clause.
Days of absence due to injuries and!or illness contracted outside the line of duty shall
be subtracted from the employee's sick leave as hereinbefore specified. Days of absence
due to injuries contracted in the line of duty shall not be subtracted from the employee's
days of sick leave hereinbefore specified.
When an employee is absent for more than two (2) consecutive work days or after
having more than eight (8) days of sick leave with pay during a calendar year, the Chief of
the Department may require a physician's certificate or other satisfactory evidence in
support of the request. The Fire Fighter may submit a certification from his own physician
at his own expense or may elect to be examined by a City approved physician from a list of
several maintained by the City, such examination to be paid for by the City.
Willful violation of any of the sick leave provisions contained herein or the willful
making of a false claim for. sick leave shall subject the employee to disciplinary action
and! or the requirement to make restitution. If grounds exists to suspect a misuse of sick
leave, the City has the right to investigate the employee, including sending a representative
to the employee's residence. In the event a Fire Fighter is on vacation and becomes ill, the
vacation shall continue to be in effect. This provision will not apply to Fire Fighters injured
in the line of duty or those on long term sick leave. Probationary firefighters will be granted
10 sick days during their probationary year. This sick leave may be used at the conclusion
of the fire department training academy.
B. Reasons for Sick Leave
Sick leave for members of the Fire Department shall be granted for the following
defined reasons:
33
1.
Personal illness or physical incapacity, not voluntarily caused, to such an extent as
to be rendered thereby unable to perform the duties of his present position or of
some other position in the Department if said employee is found capable of other
work by qualified physician.
2.
Attendance upon members of the family within the household of the employee
whose illness requires the care of such employee for a period not to exceed
twenty-four (24) hours (employees can be required to sign an affidavit stating that
there is no possible way to make other arrangements). This attendance upon
members of the family within the household shall be limited to twelve (12)
occurrences per year unless this attendance is due to a continuous long-term
illness.
C. Additional Leave Not To Be Deducted From Sick Leave
Enforced quarantine when established and declared by the Department of Health or
qualified physician for the period of such quarantine only.
D. Sick Leave on Retirement
1.
Upon retirement in good standing from City employment, after at least ten (10)
years of employment in the City, an employee may elect to be paid for, or take as
furlough, one quarter (1/4) of unused accrued sick leave time, up to a maximum of
forty (40) days.
2. Upon retirement in good standing from City employment, after at least twenty (20)
years of employment in the City, an employee may elect to be paid for, or take as
furlough, one-half (1/2) of unused accrued sick leave time, up to a maximum of eighty
(80) days. Any member who purchases military time afforded under Section 24-10 of
this agreement must work a minimum of twenty (20) years to be eligible for the above
benefit,
34
E. Sick Leave on Death
1.
If an employee with at least ten (10) years of service with the City dies leaving
unused accumulated sick leave, his estate shall receive a payment equal to one-half
(1/2) of said unused, accumulated sick leave up to a maximum of Eighty (80) days.
2. If an employee with at least twenty (20) years of service with the City dies leaving
unused accumulated sick leave, his estate shall receive a payment equal to one-half
(1/2) of said unused, accumulated sick leave up to a maximum of eighty (80) days.
3. A member of Local 1363 IAFF who dies because of a line-of-duty death due to
disease, illness, or injury shall receive all of their unused accumulated sick leave up to
one hundred and sixty (160) days payable to their estate.
F.
Payment for Unused Accumulated Sick Leave
If payment is to be made for unused accumulated sick leave, either upon retirement of
a Fire Fighter, or to the Fire Fighter's estate at the time of death, it will be paid at the
current rate of one-fifty (1/5) of the employee's weekly salary.
G: Parental and Family Leave; Uniform and Civilian Employees and Maternity Leave
To the extent it may be applicable the employer agrees to comply with governing state
and federal parental and family medical leave legislation including the Family Medical
Leave Act of. 1993, Pub. No. 103-03 Section 405(b)(2), 107 Stat. 6 (1993) and the
Rhode Island Parental and Family Medical Leave Act, RIGL 28-48-1, et seq.
Upon the election of an employee who takes parental leave, accumulated sick leave, up
to one-hundred twenty (120) day limit, shall be paid to that employee during the period of
leave.
An eligible employee who elects to take parental leave shall notify the Chief of the Fire
Department or his designee thirty (30) days in advance of the commencement of said
leave, unless prevented by medical emergency from giving that notice.
35
In addition to the foregoing, a female employee shall be granted an additional leave of
absence, without pay, not to exceed six (6) months, or the use of her accumulated sick
leave, for a medical condition causally related to pregnancy or child birth; provided
however, that such condition disables said employee from performing her regular duties as
a firefighter; and provided further, however, that said employee's attending physician
provide written certification of said disability to the Chief of the Fire Department.
A pregnant employee may also request that the Chief of the Department grant her a
temporary transfer to a non-line firefighting or rescue position. These positions include, but
are not limited to, fire alarm dispatcher, fire prevention or training.
The Chief of the
Department shall grant this temporary transfer.
Further, Depending on the temporary assignment, the member at her discretion may then
work a 5 (five) day schedule and be allowed to accrue comp days at a rate of 1 day per
week. Following the (2) two days of special leave provided for in section 16.2 of the CBA
for the birth of a child, said comp time shall be used before any other form of leave as
provided for in the CBA
Section 16,1 - Bereayement Leaye
1, In the case of the death of a father, mother, wife, son, daughter, mother-in-law, fatherin-law, brother, sister, stepson,
stepdaughter,
stepmother,
stepfather, stepbrother, or
stepsister, of any employee, such employee shall be entitled to a leave of absence with
pay from the time of the notification of the death to and including the day following the
burial of the deceased, not to exceed five (5) days, except in cases where unusual travel
distance exists such period shall be extended for a maximum of three (3) days, and
provided further that in the cases of employees of the Jewish faith, said leave shall be for
the actual period of mouming observed but not to exceed seven (7) days from the day of
burial. Employees who are on vacation during the time they are allowed to be on leave
36
under this section, shall be allowed to re-select their vacation at another time as long as
there are less than six (6) employees on vacation.
2. In case of the death of a grandmother, grandfather, great-grandmother, great-grandfather,
grandson, granddaughter, great-grandson, great-granddaughter, daughter-in-law, son-inlaw, sister-in-law or brother-in-law of an employee, such employee shall be entitled to a
leave of absence with pay covering the day before the funeral and the day of the funeral.
3. In case of the death of a nephew, niece, uncle or aunt of an employee, such employee
shall be entitled to a leave of absence with pay for the one (1) day of the funeral, either day
or night tour of duty.
4. In case of the death of a relative other than those provided for in paragraphs 1, 2, and 3,
such leave of absence with pay shall be for not more than one (1) day, to permit attendance
at the funeral of said person.
5. Paragraph 4 will only apply to day shift personnel unless there is a late afternoon funeral.
All others would be required to report for their regular tour of duty.
Section 16.2 - Special Leaye
REASON
AMOUNT
COVERED INDIVIPUALS
Baptism
either 1 day or night
Son, daughter, godchild, employee
First Communion
either 1 day or night
Son, daughter, employee
Confirmation
either 1 day or night
Son, daughter, employee
Bar Mitzvah
either 1 day or night
Son, employee
Bas Mitzvah
either 1 day or night
Daughter, employee
Birth of Child
2 days
Employee
Wedding
3 working days
Employee
Wedding
1 day
Son, daughter, brother, sister,
father, mother, brother-in-law,
sister-in-law
37
High School or
College Graduation
Son, daughter, employee, wife
1 day
Requests for the above-mentioned leave must be received four (4) working days prior to
the date of the event. This special leave only applies when an employee is scheduled to work on
the day of the ceremony.
Section 16.3 • Sick Leave. Civilian Employees
Each full-time civilian employee shall be able to accumulate up to one and two-thirds
(1-2/3) working days for each completed calendar month of service totaling twenty (20) working
days per year accumulative to one hundred sixty (160) days.
Willful violation of any of the sick leave provisions contained herein or the willful making of
a false claim for sick leave shall subject the employee to disciplinary action and/or the
requirement to make restitution. If grounds exists to suspect a misuse of sick leave, the City has
the right to investigate the employee, including sending a representative to the employee's
residence.
Members with over ten (10) years of service with the City shall be granted up to an
additional ninety (90) working days if the sickness is of such a nature as to require a prolonged
period of treatment and recuperation.
Section 16.4. Good Attendance (Effective Janyaor 1.1997)
All employees who use four (4) days or less of sick leave including family illness in any
calendar year shall receive two (2) days of pay for each year of good attendance accumulated
until retirement; which will be paid at one-fifth (1/5) the weekly rate of pay effective for their rank
at the time of their retirement (Effective January 1, 1997).
Section 17 • Injyries And Illness
A. A member of the Department who is injured shall report his injury to the Department
either individually or through a representative as soon as practicable, but in no event
38
more than ten (10) calendar days from the date of injury. Failure to submit said report
may be a bar to receiving the benefits herein.
All injuries, regardless how minor, shall be reported to the officer in charge as soon
as practicable and entered on the Day Sheet.
If possible, injury reports should be
made out the same day.
B. Medical Care for Injuries or Illness in Line of Duty
Medical care for those injured or who contract illness in the line of duty shall be as
follows:
Those members injured or who contract illness in the line of duty whose condition
requires admittance to a hospital, shall have the right to select a hospital in the State of
Rhode Island and a physician from the staff of that hospital. The choice shall be made
by the employee or if his condition prevents him from making his choice, the choice
shall be made by his nearest relative who may be available at the time.
In other cases, which do not require hospitalization, the employee shall have the
right to a specialist of his own for initial treatment at the hospital and for subsequent
treatment at the selected physician's office.
In cases which are of a minor nature (minor lacerations, abrasions, contusions,
etc.), the judgment of the resident physician shall be followed regarding the necessity of
calling in a specialist.
When an employee has suffered a minor injury, which does not require the care
of a physician, in the line of duty and has been treated by a member of the Rescue
Squad, a report of the injury and treatment shall be made to the Chief of the Department
and become part of the record of the Department.
Any subsequent worsening of the
injury or of the immediate area of the injury shall entitle the individual to the benefits of
this Article.
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In any case where an employee desires to be hospitalized in a hospital outside
the State of Rhode Island or to be treated by a physician outside the State of Rhode
Island, the City shall permit said employee to be so hospitalized or to be treated by such
physician only if there is on file, with the City Clerk of the City, a certificate from the
employee's resident physician in the State of Rhode Island that such hospitalization
outside the State of Rhode Island, or such treatment by a physician outside the State of
Rhode Island, is required for the proper treatment and/or cure of said employee's injury
or physical condition.
When an employee has suffered a previous injury and an occasion arises when
that injury recurs in any nature, the employee shall be entitled to the immediate
examination of the physician who attended him for the original injury at the City's
expense. In the event the physician who treated the employee for the original injury is
not available by reason of illness, death or from other circumstances, an employee shall
have the right to engage a specialist of his own choice, duly licensed and qualified to
practice medicine in the State of Rhode Island. If the attending physician determines that
the employee is actually suffering from a recurrence of the injury, the employee shall be
entitled to the benefits of this Section;
In any case involving injuries, illnesses or recurrences thereof alleged to be
connected to the performance of a member'S duty, the City may require the member to
submit to a physical examination, or re-examination, at the City's expense, by a
City-designated physician. In the event of a dispute between the member's and the city's
designated physicians regarding the member'S occupational injury or illness, the member
will be examined by a third (NEUTRAL) physician at the city's expense.
This neutral
physician shall specialize in the particular area of said member's injury or illness. This
neutral physician shall be selected by the member'S primary care physician and the city's
40
physician.
In the event the member's physician and the city's physician are unable to
agree on a neutral physician, an application shall be made to the Executive Director of
the RI Medical Association who shall then select a physician in the specialized area of the
said member's injury or illness. The decision of the neutral third party physician shall be
final and binding.
C. A member who is absent from duty for an incapacity resulting from an injury or illness
sustained in the line of duty shall be prohibited from engaging in any outside employment
during the period in which such incapacity exists which is incompatible with the illness or
injury or will impede the member's recovery.
Section 18 - Ryles And Regylations
Local 1363 shall be permitted to make suggestions regarding departmental rules and
regulations and health and safety. Said suggestions shall be submitted in writing to the Chief of
the Department and a copy thereof transmitted to the Mayor.
Such suggestions for rules and
regulations and health and safety will be given due consideration and adopted if deemed
advisable by the Chief of the Department and the Mayor.
Section 19 - Salaries And LongeYity
A. Salaries for all members of the Fire Department covered by this Agreement shall be as
set forth in Appendix A hereto, which is incorporated herein by reference, which shall
include the following increases:
ch:n'le 39, 2942
claRYBr-y
~,
aQ'!13
2'VJ,
ch:IRe 39, 2942
1%
Janua[)ll. 2014
Two (2%1 percent (Civilian bargaining unit members onlY)
Janua[)ll. 2015
One and one-half (1.5%) percent
June 30. 2015
One and one-half (1.5%) percent
Janua[)ll. 2016
Two (2°/0) percent
June 30 2016
One (1%1 percent
41
B. Longevity Supplement
In addition to the above salaries, there shall be paid a longevity supplement which shall be
considered part of the employee's salary for holiday purposes of this Agreement.
This
supplement shall be computed on the basis of the employee's salary and holiday pay for the each
contract year and shall be paid as soon after July 1 as is practicable. This payment shall be:
EFFECTIVE June 30, 2007
Service as of June 30
Percentage Annual Salary
of each year
9.25%
4 to less than 7 years
10.25%
7 to less than 12 years
11.25%
12 to less than 17 years
12.25%
17 years or over
EFFECTIVE June 30, 2009
Service as of June 30
Percentage Annual Salary
of each year
10%
4 to less than 7 years
11%
7 to less than 12 years
12%
12 to less than 17 years
13%
17 years or over
Commencing July 1, 1978 payment of longevity will be in accordance with the above
schedule and will be added to the employee's annual salary and holiday pay so as to be included
in his annual salary for retirement pension purposes only.
The foregoing shall apply to those
employees retiring on and after July 1, 1978.
An employee who receives a longevity supplement who retires or dies prior to the end of a
contract year, June 30, shall receive a longevity supplement based on the salary and holiday pay
earned prior to the employee's retirement or death for that
42
contract year computed on the employee's rank, length of service in the Department, and date of
retirement or death.
Section 19.5 - Salaries And Longevity Civilian Employees
A. Salaries for all civilian employees of the Fire Department covered by this Agreement
shall be as set forth in Appendix A hereto, which is incorporated herein by reference.
B.
In addition to the above salaries, there shall be paid a longevity supplement based on
each employee's annual salary exclusive of overtime.
This supplement shall be paid as soon after each July 1 as is practicable. This payment shall be:
EFFECTIVE JUNE 30, 2007
Service as of June 30
Percentage Annual Salary
of each year
7.25%
4 to less than 7 years
8.25%
7 to less than 12 years
9.25%
12 to less than 17 years
10.25%
17 years or over
EFFECTIVE June 30, 2009
Service as of June 30
Percentage Annual Salary
of each year
8%
4 to less than 7 years
9%
7 to less than 12 years
10%
12 to less than 17 years
11%
17 years or over
An employee who receives a Longevity supplement who retires or dies prior to the end of
the contract year, June 30, shall receive a longevity supplement (Bonus) based on the salary
earned prior to the employee's retirement or death prorated for that contract year computed on
the employee's position, length of service in the Department and date of retirement or death.
43
Section 20 • Time Off While performing Union Duties
The City will pay properly designated Union representative(s) at the straight-time rate of
pay for scheduled work hours lost in attendance at meetings with the City pertinent to collective
bargaining, grievance adjustment, or representing an employee at any step of the grievance
procedure and arbitration, however no more than three (3) officers or executive board members
shall be permitted time off to attend the same meeting. In no event will the City compensate a
Union representative for work hours lost in preparation for collective bargaining agreement
negotiations, grievance arbitration, unfair labor practice hearings or any contested adversary
proceeding between the City and Union. The union will inform the City, in writing, of the names of
its representatives.
All officers, executive board members and members of the health and safety committee of
Local 1363 shall be eligible for time off with pay for attending any educational seminars of the
International Association of Fire Fighters; the following conferences and seminars of the
International Association of Firefighters; the Redmond Health & Safety Symposium, the
Emergency Medical Services Conference, the RI State Association of Firefighters Health and
Safety Seminar. However, that no more than three (3) of said Officers and Executive Board
Members shall be permitted time off with pay for attending the same seminars mentioned above.
All members of Local 1363 IAFF will be allowed to substitute without making up time while
attending other Local 1363 business or if the maximum of three (3) Officers or Executive Board
Members are already on Union business in accordance with this section.
Section 21 • Medical Insurance. Dental Insurance, Ufe Insurance and Byrial
Expenses
A.
Blue Cross/Blue Shield
1.
Effective July 1, 2001:
44
The City shall pay the full cost of the following medical health insurance benefits,
family or individual coverage as the case may be for all employees: Blue Cross/Blue
Shield Healthmate Coast to Coast Plan that includes Blue Cross PPO Network and
contains riders for student coverage to age 25, vision care, outpatient services,
inpatient services, emergency services, and mental health and substance abuse
care services.
2.
Effective July 1, 2001:
The City shall pay the full cost of the following medical insurance benefits, family or
individual coverage as the case may be for all employees for the Chiropractic Care
Rider at the rate of twelve (12) visits per year.
3.
Effective July 1, 2001:
The City shall pay the full cost of the following medical insurance benefits or
individual coverage as the case may be for all employees for the prescription drug
program with an employee co-payment for this rider of five ($5.00) dollars for
generic drugs and ten ($10.00) dollars for brand name drugs.
4.
Effective July 1, 2001:
Members who choose to be enrolled in the blue Cross/Blue Shield Classic Plan 696
either family or individual coverage shall pay one hundred (100%) percent of the
total cost differential between the Classic Plan 696 and the Healthmate Coast to
Coast Plan.
5.
Effective July 1, 2001:
All employees hired after the above date shall only have the option to select under
the Blue Cross/Blue Shield Program, the Healthmate Coast to Coast Plan that
includes Blue Cross PPO riders for student coverage to age 25, vision care,
45
out-patient services, inpatient services, emergency services, and mental health and
substance abuse care services.
6.
Coverage will commence on the 1st day of the training academy.
7.
Health Care Co-Share - Each member shall pay, by payroll deduction, a
pretax amount of twenty-three dollars and fifteen cents ($23.07) per week for a total
amount of twelve hundred dollars ($1200.00) per year for an individual plan and
forty-six dollars and seven cents ($46.15) per week for a total amount of twenty-four
hundred (2400.00) per year for a family plan.
8.
Effective July 1. 2013 Jl:lly 1, 2010, the following on-site co-pays shall apply:
a) Office visits and Urgent care or "Urgi-care" facilities - Ten ($10.00) dollars
$&.00
b) Emergency Room visits - $50.00
In the event that an Urgicenter or Urgent care facility is not open and a member seeks
treatment at an Emergency Room, those covered under the member's health care plan will be
reimbursed the Emergency Room Co-payment of fifty ($50.00) dollars less the Urgent Care copay amount. In the event a member is hospitalized after being evaluated in the Emergency
Room, those covered under the member's Health care plan will be reimbursed the Emergency
Room Co-payment of fifty ($50.00) dollars.
B.
United Health
1.
Effective July 1, 2001:
The City shall pay the full cost of the following medical health insurance benefits
family or individual coverage as the case may be for all employees. United Health
Plan 28081 with all riders.
2.
Coverage will commence on the 1st day of the training academy.
46
3.
Health Care Co-Share - Each member shall pay, by payroll deduction, a pretax
amount of
twenty-three dollars and fifteen cents ($23.07) per week for a total
amount of twelve hundred dollars ($1200.00) per year for an individual plan and the
amount of fortY-Six dollars and seven cents ($46.15) per week for a total amount of
twenty- four hundred dollars ($2400.00) per year for a family plan.
4.
Effective July 1, 2013 July 1, 2010, the following on-site co-pays shall apply:
a) Office visits and Urgent care or "Urgi-care" facilities - Ten ($10,00) dollars
$&.-00
b) Emergency Room visits - $50.00
In the event that an Urgicenter or Urgent care facility is not open and a member seeks
treatment at an Emergency Room, those covered under the member's health care plan will be
reimbursed the Emergency Room Co-payment of fifty ($50.00) dollars less the Urgent Care copay amount. In the event a member is hospitalized after being evaluated in the Emergency
Room, those covered under the member's Health care plan will be reimbursed the Emergency
Room Co-payment of fifty ($50.00) dollars.
C.
Line of Duty Death:
The City agrees to assume and pay the full cost to the family of any employee killed
in the line of duty the medical health insurance in effect at the time of the employee's
death Benefits will remain in effect until the widow remarries or dies and until the
dependent child or children reach the age of twenty-one (21). The student coverage
rider shall also remain in effect.
D.
Non-Line of Duty Death:
Any employee who dies for any reason and had over ten (10) years of service,
including their year of probation on the Department, the City agrees to assume and
47
pay the full cost to the family the medical insurance in effect at the time of the
employee's death until the employee's normal retirement date.
E.
An employee who elects not to take the City's health or dental coverage who has a
change in circumstances (loss of spouse's job, etc.) shall be reinstated into the
City's medical health and dental insurance plans upon formal written request to the
Personnel Department without incurring a break in coverage.
F.
Retired Benefits:
1.
All firefighters who retire after November 1, 1980, after twenty (20) years or
more of service with the Fire Department will receive at no cost medical
health insurance.
The medical health insurance provided for will be the
same Blue Cross/Blue Shield Classic Plan provided for in the 1978-1979
Agreement between the Union and the City but shall not include the
prescription drug rider or the United Health Plan with riders. This medical
health insurance will remain in effect until such time as the retired firefighter
secures employment elsewhere with equivalent medical health insurance or
until he/she is eligible for Medicare or other federally subsidized programs.
Additionally if a retired firefighter receives such equivalent medical health
insurance held by a spouse, the City of Cranston shall not be required to
provide said medical health insurance for the retired firefighter.
2.
Effective July 1, 2001:
All firefighters who have retired after twenty (20) years or more of service with
the Fire Department shall have the option to switch their fully-paid medical
health insurance from the Blue Cross/Blue Shield Classic Plan 696 as
provided for in the 1978-1979 Agreement between the Union and the City or
the United Health Plan with riders to the Blue Cross/Blue Shield Healthmate
48
Coast to Coast Plan that includes Blue Cross PPO Network and contains
riders for student coverage to age 25, vision care, outpatient services,
inpatient services, emergency services and mental health and sUbstance
abuse care services.
3.
Effective July 1, 2001:
All firefighters who shall retire after the above-cited date with twenty (20)
years or more of service with the Fire Department will receive, at no cost,
medical health insurance for individual and family coverage.
This medical
health insurance provided for will be the Blue Cross/Blue Shield Healthmate
Coast to Coast Plan that includes Blue Cross PPO Network and contains
riders for student coverage to age 25, vision care, outpatient services,
inpatient services, emergency services, and mental health and substance
abuse care services or United Health Plan.
4.
Effective July 1, 2001:
All firefighters who shall retire after the above-cited date with (20) years or
more of service with the Fire Department shall have the option to retain the
Blue Cross/Blue Shield Classic Plan 696 (as shown in Appendix) either family
or individual coverage as the case may be. The retired firefighter selecting
this option shall pay one hundred (100%) percent of the total cost differential
between Classic Plan 696 and the Healthmate Coast to Coast Plan.
5.
Effective July 1, 2001:
All firefighters hired after the above date shall only have the option to retire
with either family or individual coverage, as the case may be, at no cost to the
retired firefighter, the Blue Cross/Blue Shield Healthmate Coast to Coast Plan
that includes Blue Cross PPO Network and contains riders for student
49
coverage to age 25, vision care, outpatient services, inpatient services,
emergency services, and mental health and substance abuse care services or
United Health Plan.
6.
All firefighters who are retired because of a job-connected incapacity and who
have served less than twenty (20) years of service, but more than five (5)
years of service including their year of probation on the Fire Department shall
be entitled to receive, at no cost, the Blue Cross/Blue Shield Classic Plan 696
with individual coverage as provided for in the 1978-1979 Agreement between
the Union and the City, but shall not include the prescription drug rider or the
United Health Plan with riders.
7.
Effective July 1,2001:
All firefighters who are presently retired because of a job-connected
incapacity and who have served less than twenty (20) years but more than
five (5) years of service including their year of probation on the Fire
Department shall receive individual coverage at no cost and have the option
to switch from the Blue Cross/Blue Shield Classic Plan and United Health
Plan with riders to the Blue Cross/Blue Shield Healthmate Coast to Coast
Plan that includes Blue Cross PPO Network and contains riders for student
coverage to age 25, vision care, outpatient services, inpatient services,
emergency services, and mental health and sUbstance abuse care services.
8.
Effective July 1, 2001:
All firefighters who will retire because of a job-connected incapacity and who
have served less than twenty (20) years but more than five (5) years of
service including their year of probation on the Fire Department shall receive
individual coverage at no cost the Blue Cross/Blue Shield Healthmate Coast
50
to Coast Plan that includes Blue Cross PPO Network and contains riders for
student coverage to age 25, vision care, outpatient services, inpatient
services, emergency services, and mental health and substance abuse care
services or United Health Plan with rider.
9.
Effective July 1, 2001:
All firefighters who will retire because of a job-connected incapacity and who
served less than twenty (20) years but more than five (5) years service on the
Fire Department including their year of probation on the Fire Department shall
receive individual coverage and shall have the option to remain in the Blue
Cross/Blue Shield Classic Plan with the then-retired firefighter paying the one
hundred (100%) percent of the total cost differential between the Classic Plan
and the Healthmate Coast to Coast Plan.
10.
Effective July 1, 2001:
All firefighters hired after the above date who will retire because of a jobconnected incapacity and who will serve less than twenty (20) years but more
than five (5) years of service on the Fire Department shall only have the
option to receive individual coverage at no cost for the Blue Cross/Blue Shield
Healthmate Coast to Coast that includes Blue Cross PPO Network and
contains riders for student coverage to age 25, vision care, outpatient
services, inpatient services and mental health and substance abuse care
services and the United Health Plan with riders.
11.
All firefighters who are retired because of a job-connected incapacity and
have served less than twenty (20) years but more than ten (10) years
including their year of probation shall receive individual coverage at no cost
for the Blue Cross/Blue Shield Classic Plan or United Health Plan.
51
These
retired fire fighters shall be allowed at their discretion to purchase family
coverage for the Blue Cross/Blue Shield Classic Plan or United Health Plan
with riders provided for by the City. When those firefighters reach their twenty
years that they would have been eligible to retire from the Fire Department,
the City shall be obligated to provide the full medical health insurance
programs of Blue Cross/Blue Shield Classic Plan and United Health Plan with
riders.
12.
All firefighters who are retired because of a job-connected incapacity and
have served less than twenty (20) years but more than ten (10) years
including their year of probation shall receive individual coverage at no cost
and shall have the option to switch from Blue Cross/Blue Shield Classic Plan
or United Health Plan with riders to Blue Cross/Blue Shield Healthmate Coast
to Coast Plan that includes Blue Cross PPO Network and contains riders for
student coverage to age 25, vision care, outpatient services, inpatient
services and mental health and substance abuse care services. These retired
firefighters shall be allowed at their discretion to purchase family coverage for
Blue Cross/Blue Shield Healthmate Coast to Coast Plan that includes Blue
Cross PPO Network and contains riders for student coverage to age 25,
vision care, outpatient services, inpatient services and mental health and
substance abuse care services. When these retirees reach their twenty (20)
years that they would have been eligible to retire from the Fire Department,
the City shall be obligated to provide family coverage for the full medical
health insurance programs of Blue Cross/Blue Shield Healthmate Coast to
Coast Plan.
52
13.
Effective January 1, 2000, but with benefits to begin July 1, 2001, all
firefighters who will retire because of a job-connected incapacity and have
served less than twenty (20) years but more than ten (10) years of service on
the Fire Department including their year of probation shall receive individual
or family coverage, as the case may be, and shall have the option to remain
in the Blue Cross/Blue Shield Classic Plan with the retired firefighter paying
one hundred (100%) percent of the total cost differential between the Classic
Plan and the Healthmate Coast to Coast Plan and United Health Care Plan.
These retired firefighters shall also be allowed at their discretion to purchase
family coverage for the Blue Cross/Blue Shield Classic Plan with the retired
firefighter paying one hundred (100%) percent of the total cost differential
between the Classic Plan and the Healthmate Coast to Coast Plan and the
United Health Care Plan. When these retirees reach twenty (20) years that
they would have been eligible to retire from the Fire Department, the City shall
be obligated to provide full medical health insurance programs of the Blue
Cross/Blue Shield Healthmate Coast to Coast Plan that includes Blue Cross
PPO Network and contains riders for student coverage to age 25, vision care,
outpatient services, inpatient services and mental health and substance
abuse care services.
Retirees who meet the twenty (20) year eligibility
requirement and select the Blue Cross/Blue Shield Plan for family medical
coverage shall pay one hundred (100%) percent of the total cost differential
between the Classic Plan and the Blue Cross/Blue Shield Healthmate Coast
to Coast Plan or the United Health Care Plan.
14.
All firefighters hired after the above date who will retire because of a jobconnected incapacity and who will serve less than twenty (20) years but more
53
than ten (10) years of service including their year of probation on the Fire
Department shall only have the option to receive individual or family coverage
as the case may be under the Blue Cross/Blue Shield Healthmate Coast to
Coast Plan that includes Blue Cross PPO Network and contains riders for
student coverage to age 25, vision care, outpatient services, inpatient
services, emergency services and mental health and substance abuse care
services or United Health Care Plan with riders. When these retirees reach
their twenty years that they would have been eligible to retire from the Fire
Department, the City shall be obligated to provide individual or family
coverage for the full medical health insurance programs of the Blue Cross/
Blue Shield Healthmate Coast to Coast Plan or the United Health Care Plan.
15.
Effective July 1, 2001:
All retirees shall at their option receive Blue Cross/Blue Shield Chiropractic
and the five ($5.00) dollars generic and the ten ($10.00) dollars brand name
prescription drug riders for individual or family coverage with the City
assuming the cost based on the July 1, 2001, rate charged by Blue Cross/
Blue Shield. Any rate increase of these riders in subsequent years shall be
borne solely by the retirees with no additional cost to the City.
16.
Effective July 1, 2001:
All retirees at their option shall be able to purchase through the city at no cost
to the City, Blue Cross/Blue Shield Plan 65 with Regulation 46 with major
medical along with Medicare Part B for individual or family coverage.
17.
If a Fire Fighter receives such insurance under a policy held by a spouse, the
City of Cranston shall not be required to purchase said insurance for the
retired Fire Fighter.
54
18.
Any member who retires with an occupational injury or illness that dies from
said injury or illness 3 years from his/her retirement date shall be afforded the
benefits under Sections 21 (C) and 21.2(3) and a payment of ($50,000) fifty
thousand dollars shall be paid by the city to the designated beneficiary.
19.
Other post Employment Benefits
Effective .July 1, 2013 all members shall pay a sum of eleven dollars and
fifty-three ($11 53) cents bi-weekly for a total of three hundred ($300.00)
dollars per year toward their OPEB (Other post Emplwment Benefits)
The
City agrees that they will place these monies in a rescticted account toward
post retirement benefits .
.2.Q.
Health Care Co-pay in retirement
Any member retiring after July 1 2013 shall pay the sum of twenthy-five
($25,00) dollars per month for a total of three hundred ($30000) dollars per
year to ward their healthcare benefit. The co-pay in retirement shall cease if
the City discontinues the retirees healthcare for any reason.
Section 21.1- Health SaYings Accoynt (HSA)
8.....
Family HSA
.L
Effective Januar:y 1, 2014. the City shall contribute 55 8% of the deductible
($2232) on behalf of member's private HSA, The employee may elect to
contribute, by payroll deduction on a pre-tax basis. up to $1768 per year
for the family medical coverage. The employee may elect not to pay his
share of the contribution toward the deductible, Once the City's
contribution is exhausted
the employee shall be responsible for the
remainder of the deductible before the City assumes any and all additional
healthcare costs incurred consistent with the health plan offered in
55
Section 21 above. This includes but is not limited to office visits
emergency room fees presCription deductibles etc Once the deductible is
met. the City offers 100% co-insurance.
B...
Individual HSA
1.
Effective ,Janua[jll. 2014. the City shall contribute 55.8% of the deductible
($1116) on behalf of the member to member's private HSA. The employee
may elect to contribute. by payroll deduction on a pre-tax basis. up to $884
per year for the individual medical coverage The employee may elect not
to pay his share of the contribution toward the deductible. Once the City's
contribution is exhausted, the employee shall be responsible for the
remainder of the deductible before the City assumes aoy and all additional
healthcare costs incurred consistent with the health plan offered in Section
21. This includes but is not limited to office visits. emergency room fees
prescription deductibles, etc. Once the deductible is met, the City offers
100% co-insurance.
Section 21.4 2 pental Insyrance
1.
The City shall provide at no cost to the employee individual and family
coverage for Delta Dental Level I, Level II-Major Restorative, Level 111Periodontics, and Level IV-Prosthodontics.
This coverage will begin on the first day of the members training
academy.
2.
The maximum dollar ($) amount on Levels I, II, III, and IV shall be iRoFeases
froFfl ORe tROUSBRS two RURsres ($1,200.00) sollars te ORe tROUSBRS fi've
56
RI:lREiFeEi ($1,§00.00) EioliaFS effeotive dl:lly 1, 2001, aREi two thousand
($2,000.00) dollars effective June 30, 2004.
Effective January 1, 2015 the dollar amount shall increase to two thousand
and five hundred ($2500 00) dollars per level,
3.
The City shall provide and pay at no cost to the family of any employee killed
in the line of duty the dental insurance in effect at the time of the employee's
death.
Benefits will remain in effect until the widow remarries or dies and also
until the dependent child or children reach the age of twenty-one (21). The
student coverage rider shall also remain in effect.
4.
The City shall provide and pay at no cost to the family of any employee killed
for any reason with over ten (10) years or more of service on the Fire
Department the dental insurance in effect at the time of the employee's death
until the employee's normal retirement date.
5.
Effective July 1, 2001:
All retired employees shall be allowed to purchase at the retired employee's
expense the active members' dental plan at the rate paid for by the City for
said plan for any and all Levels I through IV of Delta Dental for both individual
and family coverage.
Section 21.# 3 Life Insyrance
(a)
All employees covered by this Agreement shall be entitled to receive fully-paid life
insurance in the amount of one hundred twenty five thousand ($125,000) dollars
with a beneficiary or beneficiaries to be designated by the employee.
Up on
retirement, the City will continue to pay for the full cost of life insurance in the
amount of ($25,000.00 ) twenty five thousand dollars.
57
(b)
All civilian employees covered by this agreement shall be entitled to receive fully
paid life insurance in the amount of seventy-five thousand ($75.00000) fmy.
tAOI:JSaRS ($50,0 00.00) dollars with a beneficiary or beneficiaries to be designated
by the civilian employee.
(c)
Effective July 1, 2002,
All retired members (fire fighters and civilians) shall be
allowed to increase their life insurance at the time of their retiremen and at the
member's_expense, tAe sollar aFAOI:JRt of life iRSl:JraROe provises to aeti\'e FAeFAlgers
(fire figAIers aRs ei"'iliaRs) at IAe saFAe oosl as pais for By tAe City. an addictional
$25 000 00 to $125 000 00 in life insurance at the following rates:
<25
TBD
TBD
0.084
TBD
TBD
25-29
TBD
TBD
0.077
TBD
TBD
30-34
TBD
TBD
0.083
TBD
TBD
35-39
TBD
TBD
0.117
TBD
TBD
40-44
TBD
TBD
0.173
TBD
TBD
45-49
TBD
TBD
0.280
TBD
TBD
50-54
TBD
TBD
0.478
TBD
TBD
55-59
TBD
TBD
0.793
TBD
TBD
60-64
TBD
TBD
1.263
TBD
TBD
65-69
TBD
TBD
1.933
TBD
TBD
70-74
TBD
TBD
3.193
TBD
TBD
75+
TBD
TBD
5.323
TBD
TBD
Total
TBD
TBD
TBD
TBD
58
(d)
Any member who dies in the line of duty shall receive twice (2x) the amount of life
insurance in effect at the time of the member's death.
Section 21.34-- Byrial Insyrance
The City agrees to assume and pay for the funeral expenses for any employee killed in the
line of duty; such payment, however, shall not exceed ten thousand ($10,000.00) dollars.
Section 22 - Grievance procedyre
A.
Definition; Exemption; Exclusivity. A grievance is a dispute between the employee or
the Union and the Employer which involves the application, meaning or interpretation of the
provisions of this Agreement, provided however, that an employee shall not have the right
to grieve or arbitrate the imposition of discipline or his dismissal from employment during
his probationary period. Any disciplinary action taken against any employee covered by
this Agreement, including but not limited to removal, demotion, reduction in rank or
suspension (with or without pay) or discharge may be subject to the grievance procedure
herein set forth. In addition, Local 1363 shall have the right to bring a grievance on behalf
of any employee or on its own behalf.
In any disciplinary case, the employee shall make a written election to invoke the
procedures of the Department's Rules and Regulations or the grievance and arbitration
provisions of this Agreement.
This election shall expressly waive any right to proceed
other than in the manner the employee has elected.
The procedures set forth in this
section shall comprise the sole and exclusive dispute resolution process for a grievance.
B.
Procedural Steps
Step1. Not later than thirty (30) days, excluding weekends and holidays, after the
eventgiving rise to the grievance, the employee or the Union must submit a
grievance in writing to the Chief of the Department. The Chief of the Department or
59
his designee shall respond in writing within five (5) days, excluding weekends and
holidays, of the receipt of the grievance. Should the Chief of the Department or his
designee not respond within the time period set forth herein, it shall be presumed
that the grievance has been denied.
Step 2.
If the grievance is not settled at Step 1, it shall be presented in writing by
the employee or the Union to the City's Personnel Director, within five (5) days
thereafter excluding weekends and holidays. The Personnel Director shall give his
written answer to the grievance within ten (10) days, excluding weekends and
holidays, after the receipt of the grievance.
Should the personnel Director fail to
respond within the time period set forth herein, it shall be presumed that the
grievance has been denied.
Step 3.
If the grievance is not settled at Step 2, it shall be represented in writing by
the employee or the Union to the Mayor within five (5) days thereafter, excluding
weekends and holidays. The Mayor shall give his written answer to the grievance
within ten (10) days, excluding weekends and holidays, after receipt of the
grievance. Should the Mayor fail to respond within the time period set forth herein, it
shall be presumed that the grievance has been denied and it may be processed to
arbitration in accordance with Section 23.
All time limits may be extended by mutual agreement in writing.
Section 23 - Arbitration
If agreement cannot be reached via the method set forth in Section 22, Local 1363 shall
request arbitration of the grievance in writing to the Chief of the Department not later than ten (10)
days from and after the last decision under Section 22 above.
Local 1363 and the City shall attempt to select an arbitrator within ten (10) days of the
request for arbitration and if unsuccessful Local 1363 shall file a demand for arbitration with the
60
American Arbitration Association.
The selection of the arbitrator and the conduct of the
proceedings shall be governed by the Voluntary Labor Arbitration Rules of the American
Arbitration Association. If both parties agree, a panel of three arbitrators shall hear a grievance,
one arbitrator being decided upon by each of the parties, and the third, and chairperson, either
being elected by the parties or assigned administratively by the American Arbitration Association.
The decision of the arbitrator shall be final and binding upon the parties hereto except that
the arbitrator shall not have the power to add to or subtract from the terms and conditions of this
Agreement.
The arbitrator shall have no authority or power to add to or detract from, alter, amend or
modify any provision of this Agreement.
Costs and expenses of the arbitrator shall be shared equally by the parties.
Nothing
contained herein shall prohibit or prevent the arbitrator from fashioning any remedy which he
deems appropriate.
Section 24 - Pensions
A.
City of Cranston Fire Fighter's Pension (Effective June 20, 1997)
1.
The pension contributed to and received for all employees hired prior to July 1, 1995,
shall be paid from the City of Cranston Fire Fighter's pension.
All employees will
accrue two and one-half (2%%) percent per credited year of service. A credited year
of service in this plan will be in any year of service with over six (6) months completed.
Upon the completion of twenty (20) credited years of service an employee may retire
with a pension payment of fifty (50%) percent of the employee's weekly salary,
longevity pay, and holiday pay with the inclusion of longevity at the time of the
employee's retirement.
Upon reaching the age of fifty five (55) years, this pension
payment will automatically increase by five (5%) percent to a fifty-five (55%) percent
pension payment.
This increase would apply both to active duty employees when
61
they retire and employees who are retired. This increased pension payment for active
employees when they retired would also be based on the employee's weekly salary,
longevity payment, and holiday pay with the inclusion of longevity at the time of the
employee's retirement. This increased pension payment for retired employees would
be based on an active employee's salary, longevity pay, holidays with the inclusion of
longevity and additional escalation of the pension payment.
2.
All employees will be able to accrue an additional two (2%) percent per year in
pension payments to a maximum of twenty (20%) percent for a maximum of thirty (30)
credited years of service. These additional pension payments will be added to the fifty
(50%) percent pension payment after the completion of twenty (20) credited years of
service to a maximum of seventy (70%) percent pension payment. These additional
accrued increases in pension payments will be based on an employee's weekly salary
longevity pay, and holidays with the inclusion of longevity. Upon reaching the age of
fifty-five (55) years, this pension payment will automatically increase by five (5%)
percent to a pension payment based on between twenty-one (21) and thirty (30)
credited years of service for a pension payment between fifty-seven (57%) percent
and seventy-five (75%) percent.
3.
All retired employees' pension payments will automatically escalate based on any and
all contractual increases received by active duty employees of similar rank or position
and similar credited years of service with regard to weekly salary, longevity pay, and
holiday pay.
In any contractual year in which the active employee's over three (3)
years of service weekly salary does not increase by a gross of three (3%) percent, the
retired employee's escalation of pension payments will automatically increase by three
(3%) percent compounded on July 1 of that year.
All active duty employees when
retired shall have their pension payments adjusted, if necessary, to pension payments
62
received by retired employees of similar rank or position and similar credited years of
service at the time of their retirement.
4
In any contractual year in which the active employees with over three (3) years of
service weekly salary increases by a gross amount of three 3% percent or greater, the
retired pension payments will automatically escalate on the date of the active
employee's weekly salary increases take effect (i.e. September 1-3.5% weekly salary
increase-adjusted pension payments (3.5% increase) for retirees for that fiscal year
occur on September 1). Effective July 1, 1998. In any contractual year in which the
active employees over three (3) years of service weekly salary increases by a gross
amount three (3%) percent or greater and the weekly salary increases are split on
different dates in that contractual year, the retired pension payments will automatically
escalate on the dates of these multiple weekly salary increases received by active
employees take effect (i.e. July 1, 1%--weekly salary increases-October 15,
2.5%--weekly salary increase, March 15, .75% adjusted pension payments for retirees
for that fiscal year occur on July 1, October 15, and March 15). Effective July 1, 1998.
5.
Employees who become disabled because of an on-the-job-related injury or illness
and are unable to perform all the duties a Fire Fighter shall be placed on disability
pension.
There shall be no age or years of service requirement.
Their pension
payment shall be sixty-six and two-thirds (66-2/3%) percent of weekly salary, longevity
pay, and holiday pay with the inclusion of longevity at the time of the employee's
retirement. Their employee's pension payment will be escalated by the same method
as found in the above-listed Subsection 3 (Escalation) of this section.
Cancer as
listed in R.I.G.L. Chapter 19.1, "Cancer Benefits for Fire Fighters," shall be an
occupational disability and the disability pension payment shall apply to all active
employees, retired employees and widows of deceased employees.
63
6.
Employees who are disabled because of a non-job related injury or illness and are
unable to perform all the duties of a fire fighter before the completion of twenty (20)
credited years of service shall receive a pension payment of fifty (50%) percent of
their weekly salary, longevity pay, and holiday pay with the inclusion of longevity.
These employees' pension payments will be escalated by the same method as found
in the above-listed Subsection 2 (Reaching Age 55) and Subsection 3 (Escalation) of
this section.
Employees who are disabled because of a non-job related injury or illness after the
completion of twenty (20) credit years of service shall receive a pension payment
based upon the number of credited years of service and not to exceed seventy (70%)
percent of their weekly salary, longevity pay, and holiday pay with the inclusion of
longevity. These employees pension payment will be escalated by the same methods
as found in the above-listed Subsection 2 (Reaching Age 55) and Subsection 3
(Escalation) of this section.
7.
All employees who have completed over twenty (20) credited years of service as of
July 1, 1995, can buy back the number of credited years of service over twenty (20)
years credited to these employees on the above date up to a maximum of ten (10)
years. For these employees, their credited number of years will be determined on the
above-mentioned date. A credited year of service for these employees will be any year
of service with over six (6) months completed. The buy back rate for all credited years
will be five (5%) percent of their prior year or years contractual weekly salary rates in
effect for that prior time and will also reflect the rank or position the employees held
during those prior year or years. Each prior credited year of service bought back will
increase the pension payment received at retirement by two (2%) percent up to a
maximum of twenty (20%) percent for ten (10) years. These additional bought-back
64
years will be totaled with the fifty (50%) percent completion of twenty (20) credit years
of service to determine the employee's pension payment at retirement not to exceed a
maximum of seventy (70%) percent pension payment.
These employees' pension
payments will be escalated by the same methods as found in the above-listed
Subsection 2 (Reaching Age 55) and Subsection 3 (Escalation) of this section.
8.
All employees who have completed over twenty (20) credited years of service as of
July 1, 1995, after the above-mentioned date can be paid for all credited years of
service at the rate of one-thousand and two-hundred ($1,200.00) dollars per year at
retirement not to exceed twelve-thousand ($12,000.00) dollars for all credited years of
service over twenty (20) years to a maximum of thirty (30) credited years. A credited
year of service will be any year over six (6) months completed. All employees who
have completed over twenty (20) credit years of service as of July 1, 1995, shall have
the option to either buy back their credited years of service or be paid for their credited
years of service. These employees shall have the option to buy back all or a portion of
their credited years of service or be paid for all or a portion of their credited years of
service or receive a combination of both of the above methods for credited years of
service.
Under no circumstances shall the number of credited years bought back
by the
member, or paid to the member on retirement, exceed the total number of credited
years of service a member has served over twenty (20) years as determined on July 1,
1995.
9.
Employees who have or will have attained twenty (20) credited years of service
between July 1, 1995, through June 30, 1996, who retire shall have the option to
receive at the rate of Five Hundred ($500.00) dollars for each year of credited service
up to a maximum of thirty (30) credited years of service. These employees will retire
65
under the present pension plan with no additional accrual of pension payments or
benefits. This severance payment shall be paid at the time of the member's
retirement. For these members, their credited years of service will be determined on
the above-mentioned date. A credit year of service for these members will be any year
of service with over six (6) months completed.
10.
Employees who have completed over five (5) years of credited service as of July 1,
1995, shall receive at their completion of service retirement (at least twenty (20)
credited years of service), placement on occupational disability retirement, placement
on non-occupational retirement, or in case of death, their widow or children (up to age
twenty-one (21) years) a payment of five hundred ($500.00) dollars per year for each
credited year of service up to a maximum of twenty (20) years effective as of June 30,
1997, upon their retirement.
For these members, their credited service will be determined on the
above-mentioned date. A credited year of service for these members will be any year
of service with over six (6) months completed.
11.
Effective July 1 1995, All employees who have served in the Armed Forces of the
United States in an active duty capacity for a period of six months will be eligible to buy
back up to four (4) years of military service at the rate of five (5%) percent of the
weekly salary of six hundred and fifty-four dollars and forty cents ($654.40) EJfecli'o'e
duly 1, 1995 for a purchase price per year of one thousand seven hundred and one
dollars and forty-four cents ($1701.44) per year for prior active duty service. Any year
served in the Armed Forces of the United States over six (6) months in length shall
equal one (1) credited year. These purchased active duty service years can be applied
to an employee's credited years of service for pension purposes but will not exceed a
66
pension payment based upon a maximum of thirty (30) credited years of service.
Purchased active military service years shall be used for pension purposes only.
Effectiye July 1. 1995, All employees who have or will serve in the Armed Forces
Reserves of the United States will be eligible to buy back up to four (4) years of military
reserve service at the rate of five (5%) percent of the weekly salary of six hundred and
fifty-four dollars and forty cents ($654.40) Effe6!i~'e dl:lly 1, for a purchase price per year
of one thousand seven hundred and one dollars and forty-four cents ($1,701.44) for
reserve service. Four (4) years of service as a reservist in the Armed Forces of the
United States will equal one (1) year of active military service. This purchased reserve
duty service shall only be applied for pension purposes after the employee is eligible for
the completion of service twenty (20) year pension. This restriction will not apply to any
employee who retires because of a non-job related injury or illness.
This purchased
reserve duty service will not exceed a pension payment based upon a maximum of
thirty (30) credited years of service. Purchased reserve military service shall be used
for pension purposes only.
12.
All other pension retirement benefits listed in the Collective Bargaining Agreement such
as, but not limited to, medical insurance, widow benefits, occupational death benefits,
non-occupational death benefits, etc., shall remain in effect.
13.
The pension plan in effect at the present time based on city ordinance, contract
language, and agreed-upon past practices concerning all aspects of the pension plan
shall remain in effect until June 30, 1997. Any additional new benefits such as, but not
limited to, Subsections 2, 3, 4, 5,
e,s, I
etc., shall be earned from July 1, 1995,
onward but shall not be received in the form of additional pension payments or pension
benefits until July 1, 1997.
67
14.
Any increase in additional percentage of longevity pay and paid holidays after July 1,
2007 shall only be received in pension payments by employees who retire after July 1,
2007.
City of Cranston Fire Fighter's Pension (Effective July 1. 2013)
All retired employees' pension payments will automatically escalate by three (3%)
percent compounded on ,July 1 of each year
All active duty employees when retired shall have their pension payments
adjusted if necessary, to pension payments received by retired employees
participating in the 2013 Pension Adjustment Agreement of similar rank or position and
similar credited years of service at the time of their retirement.
s:.c..
Optional State of Rhode Island Pension (Employees 5 or less years of service):
1. Employees with less than five (5) years of service effective July 1, 1995, will have the
option of remaining in the City of Cranston Fire Fighters' Pension as listed in Subsection
A of this section or transferring into the State of Rhode Island's "Optional Twenty (20)
Year Retirement Service allowance," R.I.G.L. 4521.222 with the agreed-upon
modifications and all other applicable statutes with agreed upon modifications that
accompany this plan.
2.
Any and all costs incurred with the transfer of these employees into the State of Rhode
Island pension plan will be borne solely by the City of Cranston with no cost to the
employees.
3. All years of service in the City of Cranston Fire Fighters' Pension Plan shall be
transferred into the above-listed Subsection 1 State of Rhode Island pension plan
R.I.G.L. 45-21.2-22 with modifications without any loss of credited years of service.
4. Employees enrolled in this pension plan will accrue two and one-half (2 1/2%) percent
per credited year of service up to a maximum of seventy-five (75%) percent pension
68
payment for thirty (30) credited years of service. A credited year of service will be any
year of service with over six (6) months completed.
This pension payment will be
based on the employee's weekly salary, longevity pay, and holiday pay with the
inclusion of longevity, based on the employee's highest year of earnings with the abovementioned payments.
5.
All retired employees' pension payments will automatically escalate by three (3%)
percent compounded each year on January 1 following the year of retirement
continuing on an annual basis on that date.
6. Employees who become disabled because of an occupational Injury or illness and are
unable to perform all the duties of a fire fighter shall be placed on an occupational
disability pension. There shall be no age or years of service requirement. The pension
payment shall be made in accordance with R.I.G.L. 45-21-2, "Accidental Disability
Allowance" of sixty-six and two-thirds (66 2/3%) percent of an employee's weekly
salary, longevity pay, and holiday pay with the inclusion of longevity at the time of
retirement and will be escalated in the same method as listed in Subsection 5 of this
section
7.
Cancer shall be an occupational disability as defined under R.I.G.L. Chapter 19.1,
"Cancer Benefits for Fire Fighters."
8.
A heart condition, respiratory ailment, hypertension, or any condition derived from
hypertension as listed in Section 24-5, "Presumption of Disability," of the Collective
Bargaining Agreement between the parties shall be an occupational disability.
9. Employees who become disabled because of a non-occupational injury or illness and
are unable to perform all the duties of a fire fighter shall be placed on a nonoccupational disability pension. There will be no age or years of service requirement.
The pension payment for employees under twenty (20) credited years of service shall
69
be fifty (50%) percent payment provided between R.I.G.L. 4521.222, "Optional Twenty
(20) Year Retirement Service Allowance" and the City of Cranston.
The fifty (50%)
percent pension payment shall be based on weekly salary, longevity pay, and holiday
pay with the inclusion of longevity at the time of retirement and will be escalated in the
same method as listed in Subsection 5 of this section.
10. Employees who become disabled because of a non-occupational injury or illness and
are unable to perform all the duties of a fire fighter shall be placed on a nonoccupational disability pension. The pension payment for employees with over twenty
(20) years of credited service shall be based on the number of credited years of service
as provided for in R.I.G.L. 4521.222, "Optional Twenty (20) Year Retirement Service
Allowance," up to a maximum of thirty (30) credited years of service not to exceed a
payment of seventy-five (75%) percent of weekly salary, longevity pay, and holiday pay
with the inclusion of longevity at the time of retirement and will be escalated in the same
method as listed in Subsection 5 of this section.
11.
Employees who die in the line of duty from injury or illness, including cancer, heart
condition, respiratory ailment, 9r hypertension, prior to retirement shall receive an
accidental death benefit under R.I.G.L. 4521.211, "Accidental Death Benefits," with
agreed upon modifications, including Subsections A and B with agreed upon
modifications. There shall be no age or years of service requirement.
The pension
payment will be one-half (1/2) weekly salary, longevity pay, and holiday pay with the
inclusion of longevity in effect at the time of death and will be escalated in the same
method as listed in Subsection 5 of this section.
12. Employees who die outside of the line of duty with less than twenty (20) credited years
of service shall receive a death benefit as provided for in R.I.G.L. 45-21.2-12, "Ordinary
Death Benefits," Subsection (a). The pension payment will be thirty (30%) percent of
70
the employee's weekly salary, longevity pay, and holiday pay with the inclusion of
longevity at the time of death and will be escalated in the same method as listed in
Subsection 5 of this section. All other aspects affecting widows and children as listed in
Subsection (6) of RI.G.L. 45-21-12 will remain in effect unless the employee has
elected to take the provisions of RI.G.L. 45-21.2-21,
"Optional Annuity
Protection-
Death While Employee on Inactive Status."
13. Employees who die outside of the line of duty with over twenty (20) credited years of
service shall receive a death benefit as provided for in RI.G.L. 45-21.2-12, "Ordinary
Death Benefits," Subsection (a).
The pension payment will be the same amount
received for a deceased employee of same rank or position and same number of
credited years of service in the City of Cranston Fire-Fighters' Pension. This pension
payment will be provided for by the thirty (30%) percent as listed in Subsection (b) of
R.I.G.L. 45-21.2-12, "Ordinary Death Benefit," and by the City of Cranston.
This
pension payment will be based on the employee's weekly salary, longevity pay, and
holiday pay with the inclusion of longevity at the time of death and will be escalated in
the same method as listed in Subsection 5 of this section. All other aspects affecting
widows and children will remain in effect as listed in Subsection (b) of 45-21.2-12,
"Ordinary Death Benefits," will remain in effect unless the employee has elected to take
the provisions of RI.G.L. 45-21.2-21, "Optional Annuity Protection-Death While
Employee or Inactive Member Status."
14.
Employees shall have the option to choose a death benefit to be received by their
beneficiary as specifically listed in RI.G.L. 45-21.2-6, "Service Retirement Allowance,"
Subsection C, "Option No.1, Joint and Survivor Full," or Option No.2, "Joint and
Survivor Half."
71
Employees who do not choose any of the above-mentioned options under
Subsection C shall receive "Service Retirement Allowance/Maximum Plan," as listed in
R.I.G.L. 45-21.2-6, Subsection A, based on two and one-half (2-1/2%) percent, not two
(2%) percent as listed in Subsection A. These employees' beneficiary shall also receive
the death benefits as provided for in R.I.G.L. 4521.213, "Benefit" on Death of Retired
Member."
Employees with over ten (10) years of credited service shall have the option while
employed to take the pension benefit as provided for in R.I.G.L. 45-21.2-22, "Optional
Annuity Protection-Death while Employee or Inactive Member Status."
15. Employees who choose the State of Rhode Island Optional Twenty (20) Year Pension,
R.I.G.L. 4521.222, with agreed-upon modifications and all other applicable statutes
with agreed-upon modifications that accompany this plan shall receive, commencing
July 1,1995, a City of Cranston individually-funded annuity at no cost to the employee
based on three (3%) percent of a fire fighter contractual weekly salary with over three
(3) years of service.
The payments into the annuity will be adjusted based on the
adjustments of the contractual salary of a fire fighter with over three (3) years of
service. This annuity shall continue up to the completion of thirty (30) credited years
of service.
This annuity will be payable to the employee for whatever reasons
(resignation, termination, retirement, etc.) when the employee leaves the Cranston
Fire Department with no age or length of service requirement.
This annuity will be
payable upon the death of the member to the employee's widow, beneficiary, or estate
with no age or length of service requirement.
16. Employees who select the State of Rhode Island Optional Twenty (20) Year Service
Pension, R.I.G.L. 4521.222, with agreed-upon modifications shall be subject to all
other applicable statutes with agreed-upon modifications under state law governing
72
this modified pension plan such as, but not limited to, vesting, prior service credit,
armed service credit, etc.
17. All other pension benefits such as, but not limited to, medical insurance, life insurance,
etc., listed in the Collective Bargaining Agreement between the parties shall remain in
effect.
18. Any increase in additional percentage of longevity pay and paid holidays after July 1,
2007 shall only be received in pension payments by employees who retire after July 1,
2007.
G: Q...
Optional State of Rhode Island Pension (Employees 5 or less years of service):
1. Employees hired after July 1, 1995, will be enrolled in the "State of Rhode Island
Optional Twenty (20) Year Retirement Service Allowance," R.I.G.L. 45-21.2-22, with
the agreed-upon modifications and all applicable statutes with agreed upon
modifications that accompany this plan.
2. Employees enrolled in this pension plan will accrue two and one-half (2-1/2%)
percent per credited year of service up to a maximum of seventy-five (75%) percent
pension payment for thirty (30) credited years of service. A credited year of service
will be any year of service with over six (6) months completed.
This pension
payment will be based on the employees weekly salary, longevity pay, and holiday
pay with the inclusion of longevity, based on the employee's highest year of earnings
with the above-mentioned payments.
3. All retired employees' pension payments will automatically escalate by three (3%)
percent compounded each year on January 1 following the year of retirement
continuing on an annual basis on that date.
4. Employees who become disabled because of an occupational injury or illness and
are unable to perform all the duties of a fire fighter shall be placed on an
73
occupational disability pension.
requirement.
There shall be no age or years of service
The pension payment shall be made in accordance with R.I.G.L.
45-21-22, "Accidental Disability Allowance," of sixty-six and two-thirds (66-2/3%)
percent of an employee's weekly salary, longevity pay, and holiday pay with the
inclusion of longevity at the time of retirement and will be escalated in the same
method as listed in Subsection 3 of this section. Cancer shall be an occupational
disability as
defined under R.I.G.L. Chapter 19.1, "Cancer Benefits for Fire
Fighters." Heart condition, respiratory ailment, hypertension, or any condition
derived from hypertension as listed in Section 24-5, "Presumption of Disability, of the
Collective Bargaining Agreement shall be an occupational disability.
5. Employees who become disabled because of a non-occupational injury illness and
are unable to perform all the duties of a fire fighter shall be placed on a nonoccupational disability pension. there will be no age or years of service requirement.
The pension payment for employees under twenty (20) credited years of service
shall be fifty (50%) percent payment provided between R.I.G.L. 45-21.2-22,
"Optional Twenty (20) Year Retirement Service Allowance," and the City of Cranston.
The fifty (50%) percent pension payment shall be based on weekly salary, longevity
pay, and holiday pay with the inclusion of longevity at the time of retirement and will
be escalated in the same method as listed in Subsection 3 of this section.
6. Employees who become disabled because of a non-occupational injury or illness and
are unable to perform all the duties of a fire fighter shall be placed on a nonoccupational disability pension.
The pension payment for employees with over
twenty (20) years of credited service shall be based on the number of credited years
of service as provided for in R.I.G.L. 45-21.2-22, "Optional Twenty (20) Year
Retirement Service Allowance," up to a maximum of thirty (30) credited years of
74
service not to exceed a payment of seventy-five (75%) percent of weekly salary,
longevity pay, and holiday pay with the inclusion of longevity at the time of retirement
and will be escalated in the same method as listed in Subsection 3 of this section.
7. Employees who die in the line of duty from injury or illness, including cancer, heart
condition, respiratory ailment, or hypertension, prior to retirement shall receive an
accidental death benefit under RI.G.L. 45-21.2-11, "Accidental Death Benefits," with
agreed-upon modifications, including Subsections A and B with agreed-upon
modifications. There shall be no age or years of service requirement. The pension
payment will be one-half (1/2) weekly salary, longevity pay, and holiday pay with the
inclusion of longevity in effect at the time of death and will be escalated in the same
method as listed in Subsection 3 of this section.
8.
Employees who die outside of the line of duty with less than twenty (20) credited
years of service shall receive a death benefit as provided for in RI.G.L. 45-21.2-12,
"Ordinary Death Benefits," Subsection (a). The pension payment will be thirty (30%)
percent of the employee's weekly salary, longevity pay, and holiday pay with the
inclusion of longevity at the time of death and will be escalated in the same method
as listed in Subsection 3 of this section.
All other aspects affecting widows and
children as listed in Subsection (6) of RI.G.L. 45-21-12, "Ordinary Death Benefits,"
will remain in effect unless the employee with over ten (10) years of credited years
of service will have the option to elect to take the provisions of RI.G.L. 45-21.2-21,
"Optional Annuity Protection-Death While Employee or Inactive Member Status."
9.
Employees who die outside of the line of duty with over twenty (20) credited years
of service shall receive a death benefit as provided for in RI.G.L. 45-21.2-12,
"Ordinary Death Benefits," Subsection (a). The pension payment will be the same
amount received for a deceased employee of same rank or position and same
75
number of credited years of service in the City of Cranston Fire Fighters' Pension.
This pension payment will be provided for by the thirty (30%) percent as listed in
Subsection (b) of R.I.G.L. 45-21-12, "Ordinary Death Benefits," and by the City of
Cranston.
This pension payment will be based on the employee's weekly salary,
longevity pay, and holiday pay with the inclusion of longevity at the time of death and
will be escalated in the same method as listed in Subsection 3 of this section. All
other aspects affecting widows and children will remain in effect as listed in
Subsection (b) of 45-21.2-12, "Ordinary Death Benefits," unless the employee has
selected to take the provisions of R.I.G.L. 45-21.2-21, "Optional Annuity ProtectionDeath while Employee or Inactive Member Status."
10. Employees shall have the option to choose a death benefit to be received by their
beneficiary as specifically listed in R.I.G.L. 45-21.2-6, "Service Retirement
Allowance," Subsection C, Option No.1, "Joint and Survivor Full, or Option No.2,
"Joint and Survivor Half."
Employees who do not choose any of the over-mentioned options under
Subsection C shall receive "Service Retirement Allowance/Maximum Plan," as listed
in R.I.G.L. 45-21.2-6, Subsection A, based on two and one-half (2-1/2%) percent,
not two (2%) percent as listed in Subsection A. These employees' beneficiary shall
also receive the death benefits as provided for in R.I.G.L. 45-21.2-13, "Benefit on
Death of Retired Member."
Employees with over ten (10) years of credited service shall have the option
while employed to take the pension benefit as provided for in R.I.G.L. 45-21.2-22,
"Optional Annuity Protection-Death While Employee or Inactive Member Status."
11. These employees enrolled in the State of Rhode Island "Optional Twenty (20) Year
Pension, "R.I.G.L. 45-21.2-22, with modifications and all other applicable statutes
76
with agreed-upon modifications that accompany this plan shall receive,
commencing July 1, 1995, a City of Cranston individually-funded annuity at no
cost to the employee based on three (3%) percent of a Fire Fighter contractual
weekly salary with over three (3) years of service. The payments into the annuity
will be adjusted based on contractual salary of a fire fighter with over three years
of service. This annuity shall continue up to the completion of thirty (30) credited
years of service.
This annuity will be payable to the employee for whatever
reason (resignation, termination, retirement, etc.) when the employee leaves the
Cranston Fire Department with no age or length of service requirement.
This
annuity will be payable upon the death of the member to the employee's widow,
beneficiary, or estate with no age or length of service requirement.
12. These employees enrolled in the State of Rhode Island "Optional Twenty (20)
Year Service Pension" R.I.G.L. 45-21-2-22, with agreed-upon modifications shall
be subject to all other applicable statutes with agreed upon modifications under
state law governing this modified pension plan such as, but not limited to,
vesting, prior service credit, armed service credit, etc.
13.
All other pension benefits such as, but not limited to, medical insurance, life
insurance, etc., listed in the Collective Bargaining Agreement between the
parties shall remain in effect.
14.
Any increase in additional percentage of longevity pay and paid holidays after
July 1, 2007 shall only be received in pension payments by employees who
retire after July 1, 2007.
Section 24.1 - pension payments
Effective July 1, 4996,
2013 pension contributions for employees of the City of Cranston Fire
Fighters' pension will be ten and one-half (10.5%) percent of their weekly salary, longevity pay,
77
holidays with the inclusion of longevity and holidays Effective July 1, 4996, 2.Q1a pension
contributions for employees of the State of Rhode Island optional twenty
~ ~
.(2.5.) year
retirement on service allowance, R.I.G.L. 45-21.2-2 with modifications will be eleveR aREi ORe Ralf
(11.6%)
eleven (11 %) percent of their weekly salary, longevity pay, and holidays with the
inclusion of longevity and holidays.
Section 24.2 - pension payments
1. In the event contributions by members of the Fire Department to the present pension
system are more than nine (9%) percent for the City of Cranston Fire Fighters' pension and
ten (10%) percent for the State of Rhode Island "Optional Twenty (20) Year Service
Pension" R.I.G.L. 45-21-2-22, with modifications at the effective date of this Agreement are
increased during the term hereof, the City of Cranston agrees to pay the difference
between the said nine (9%) percent and ten (10%) percent then required to be contributed,
retroactively to the date of such increase over nine (9%) percent and ten (10%) percent.
2. All civilian employees of the Cranston Fire Department will receive pension payment
pursuant to the Municipal Employees Retirement System of the State of Rhode Island in
force from time to time.
3. In the event of the death of an active member of the Cranston Fire Department, whose
widow or dependents fail to qualify for a widow's pension, or who leave no widow or
dependents, their unused pension contributions shall be paid their widow, dependents or
thei restate.
4.
In the event of the death of a retired member of the Cranston Fire Department, their
unused pension contributions shall be paid to their widow, dependents or if there is no
widow or dependents, to their estate.
78
Section 24.3 - No Strike Clayse
No employee covered by this Agreement shall engage in any work stoppage, slow down, strike,
or other illegal concerted activity for the duration of this Agreement.
The City shall have the right to immediately discharge any employee who violates this Section
without any rights or benefits provided under this Agreement. If any employees engage in any
work stoppage, slowdown, strike, or other illegal concerted activity, the Union will immediately
notify such employee(s) engaging in these activities to cease and desist, and shall publicly
declare that such activities are illegal and unauthorized.
Section 24.4 - Legal Assistance And Indemnification
In the event any employee covered by this Agreement is sued in any civil proceeding as a
result of actions performed by said employee in the performance of his duties as an employee of
the Cranston Fire Department, the City agrees to provide such employee with all necessary legal
assistance and further agrees to pay any judgment rendered against such employee in any such
proceeding; provided, however, that the City shall have the right to deny all or a portion of the
benefits under this Section if it determines that the employee acted outside the scope of his
employment, or engaged in intentional, willful or malicious, tortuous or criminal conduct.
Section 24.5 - presymption Of Disability
In any case where an employee covered by this Agreement is disabled from performing his
regular duties as a Fire Fighter because of a heart condition, respiratory ailment, hypertension or
from any condition derived from hypertension, it shall be conclusively presumed that such
disability is attributable to his employment as a member of the Fire Department, and he shall be
entitled to all of the benefits provided for in Section 45-19-1 of the General Laws of Rhode Island,
1956, as amended, and none of said period of disability shall be deducted from his sick leave
entitlement, nor from any other leave entitlement to which said employee may be entitled under
any other terms or conditions of this Agreement.
79
The City of Cranston shall recognize cancer as an occupational illness pursuant to this
section. If at anytime RI General Law 45-19-1 is repealed, the local will enter into negotiations
immediately with the City of Cranston to discuss the impact in the change to the law.
Section 24.6 • Mutual AidlJob Action
In any case where the City has a mutual aid agreement with any city or town in the State of
Rhode Island and the members of the permanent paid Fire Department
of such city or town have set up a picket line, employees covered by this Agreement shall not be
ordered to engage in Fire Fighting services in said city or town where the picket line has been
established, except in cases of working fires of a serious nature.
Section 24.7 • Minimum Staffing
There shall be no less than a minimum of forty-one (41) Fire Fighters, which includes
officers and the Deputy Chief on duty at all times on each Platoon.
Section 24.8 • Table Qf Qrganization
There shall be no reduction in the number of positions from the present Table of
Organization presently in place in the Cranston Fire Department. Effective July 1, 2011 the total
sworn, uniformed staffing of the Cranston Fire Department shall be reduced by five (5) fire fighter
positions. The table of Organization will be reduced from two-hundred and one (201) members to
one-hundred and ninety-six (196) members
Effective January 1, 2011 there shall be an increase of one (1) Captain's position in the fire
department's table of organization and a decrease of one (1) Private's position. This shall not
change the total complement of one-hundred and ninety-six (196) members.
Effective January 1, 2011 the total civilian compliment of the Cranston Fire Department will
increase nine (9) positions (dispatchers).
The total civilian complement of the Cranston Fire
Department will be sixteen (16).
80
Section 25 - School Reimbyrsement
All employees who provide evidence of having completed college courses pertaining to the
State of Rhode Island Fire Fighters Incentive Degree program or any job related courses for
which they received passing grades and submitted proof paid, shall be reimbursed in full but not
exceeding a total of eight hundred ($800.00) dollars for any individual for each fiscal year.
Effective July 1, 2002, such amount shall be increased to a maximum of nine hundred ($900.00)
dollars.
Section 26 - Widows And pependent Benefits Under Twenty (20) years
The City of Cranston agrees to pay a death benefit to the widow of an employee with at
least one (1) year of service in the department and a death benefit payment of thirty-three and
one-third (33-1/3%) percent of the employees salary, longevity pay, and holidays with longevity,
which shall be fully escalated based on any or all increases as listed in Section 24A. This benefit
shall be paid to a widow until her death or until she remarries. Also, this benefit shall remain in
effect until all dependent children reach the age of twenty-one (21). The payment of longevity will
only apply in cases where an employee had completed four (4) years of service.
This benefit will only apply to employees covered by the City of Cranston Municipal Fire
Fighters' pension."
Section 26.1 - Widows Benefit Oyer Twenty (20) Years
The City agrees per the 1989 Agreement between both parties to pay widows benefits to
all eligible widows. The widows' of active and retired Fire Fighters benefit shall be sixty-seven
and one-half (67-1/2%) percent of the pension payment in effect for the retired Fire Fighter and
the pension payment the active Fire Fighter would have received. This payment to all widows will
be fully escalated based on any and all future contractual weekly salary increases as listed fA
Section 24A, subsection 3 of the Agreement.
The widow benefit shall include the payment of
longevity, holidays, and holidays with longevity to all eligible widows. This benefit shall be paid to
81
the widow until her death or until she remarries. Also, this benefit shall remain in effect until all
dependent children reach the age of twenty-one (21). This benefit will only apply to employees
covered by City of Cranston Fire Fighters' Pension.
Section 26.2- Occypational Death Benefits
Any employee who dies as a result of a line of duty injury or illness shall be posthumously
promoted to the next rank. All benefits due to the employee's family or estate shall reflect the
posthumous promotion.
Any employee who diel:' as a result of a line of duty injury or illness; widow will receive a
death benefit payment of fifty (50%) percent of the employee's weekly salary, longevity, and
holidays with longevity which will be fully escalated based on any and all future contractual
increases as listed in Section 24A, Subsection 3 of this Agreement. There will be no age or time
of service requirement. This benefit will only include those employees in the City of Cranston Fire
Fighters' pension. This benefit shall be paid to the widow until her death or until she remarries.
This benefit shall also remain in effect until all dependent children reach the age of twenty-one
(21 ).
Section 27 - procedyres For placement On A Disability pension
Any Fire Fighter applying for a Disability Pension as a result of an occupational or nonoccupational illness or injury shall submit a documented evaluation from the member's physician
or physicians verifying that this illness or injury prevents said member from performing the duties
of a Cranston Fire Fighter. The City upon receipt of this documented evaluation shall schedule
an evaluation of said member by a physician of the City's choice who specializes in the specific
area of that member's illness or injury. The results of these evaluations by both party's physicians
shall be forwarded to the Mayor for review.
Based on these evaluations, the Mayor shall
recommend in writing that said member be placed on a Disability Pension. The Mayor's written
recommendation shall be forwarded to the City Council along with the medical evaluations of both
82
parties physicians for the Council's review.
Based on the Mayor's recommendation and the
medical evaluations, the City Council shall place said member on a Disability Pension.
Any divergence in these two (2) physicians evaluations which results in the member not
being eligible for a Disability Pension, shall at the option of the affected member or Local 1363
International Association of Fire Fighters, AFL-CIO, be submitted to a third party physician for a
further evaluation of the member's illness or injury. This neutral physiCian shall specialize in the
particular area of the said member's illness or injury. This neutral physician shall be selected by
the member's primary care physician and the City's physician.
The decision rendered by the
neutral third party physician shall be based on thorough examination and evaluation of said
member, and a complete review of all necessary documentation submitted by both parties. The
decision of the neutral third party physiCian shall be the final medical determination on whether
said member is eligible for a Disability Pension.
In the event the member's selected phYSician and the City's selected physician are unable
to agree on a neutral phYSician, an application shall be made to the Executive Director of the
Rhode Island Medical Association who shall select a phYSician in the specialized area of said
member's particular disability. The results of these evaluations by both parties physicians and the
medical determination of the neutral physician shall be forwarded to the Mayor for his
recommendation.
The Mayor's written recommendation and the medical evaluation by all
physiCians shall be forwarded to the Council for review. Based on the Mayor's recommendation
and the medical evaluation, the City Council shall place said member on a Disability Pension.
Section 28 - Vested pension Contractyal Clause
All members of Local 1363 International Association of Fire Fighters who are enrolled in the
City of Cranston Fire Fighters' Pension will be vested in their particular type funding plans on the
completion of ten (10) years of service in the Cranston Fire Department.
83
Vested members in either funding plan shall earn a pension credit of two and one-half
(2-1/2%) percent per year of service with the Cranston Fire Department. This vested pension
payment to said member shall be no less than twenty-five (25%) percent for ten (10) years of
credited service and no more than forty-seven and one-half (47-1/2%) percent for nineteen (19)
years of credited service in the Cranston Fire Department based on a member's rank and years
of service as applied to the member's weekly salary, holiday pay, and earned longevity as applied
to weekly salary and holiday at the time of leaving the employment of the Cranston Fire
Department. After the completion of ten (10) years of service in the Cranston Fire Department
any year in which a member completes over six (6) months of service will be credited with a
complete year of credited service. A member's years of service commence with the member's
appointment date to the Cranston Fire Department.
The vested pension payment benefit shall be paid when a member reaches the age of fiftyfive (55) years. In the event the member dies before reaching their fifty-fifth (55th) birthday, the
member's widow or eligible dependents shall receive sixty seven and one-half (67-1/2%) percent
of this vested pension benefit when the member would have attained the age of fifty-five (55)
years. This payment of sixty-seven and one-half (67-1/2%) percent will continue until the death of
the member's widow or the non-eligibility of covered dependents.
There shall be no escalation (full or otherwise) of pension benefits provided for by the
vested pension to any member, their widow or eligible dependents as presently contained in the
present plan.
There shall be no additional five (5%) percent escalation of pension benefits provided for
by the vested pension to any member on their reaching fifty-five (55) years of age as presently
contained in the present plan.
84
Section 29 • Severance Pay At Retirement And Death
All payment of unused sick leave, unused vacation pay, voluntary and deferred vacation
days, and involuntary deferred holidays with longevity (1991-1992 Agreement) shall be paid in
quarterly installments commencing the first week of the month following retirement (e.g. retire
June 7 -- first payment, first week of July) with three (3) month increments (e.g. second payment,
first week of October, third payment, first week of January, and fourth payment, the first week of
April).
Section 30 - Seyerability of Provisions
If any term or provision of this Agreement is at any time during the life of this
Agreement, adjudged by a court or administrative body of competent jurisdiction to be in conflict
with any law, such term or provision shall become invalid and unenforceable, but such invalidity
or unenforceability shall not impair or affect any other term or provision of this Agreement.
Section 31 - Marine 1
The Cranston Fire Department shall staff, operate, and maintain the City of Cranston Fire/
Rescue Boat designated Marine #1. Marine #1 shall be placed in service on or about April 1 each
year.
Section 32 - Members Assistance program (MAP)
The City recognizes Local 1363 as the administrator of the Fire Department's Members
Assistance Program (formerly referred to as the Employees Assistance Program).
The city will
contribute the sum of six thousand ($6000.00) five tR91:lsaA8 ($eOOO.OO) dollars yearly, payable
on July 1 of each year to the MAP. This money will be used for the MAP only, including but not
limited to the certification and recertification of the MAP counselors.
Section 33 • Mechanics Certification;
Employees in the maintenance division will receive an increase in their hourly rate of
pay for obtaining the following certifications:
85
Any Automotive Service Excellence (ASE) certifications associated with the Emergency
Vehicle Technician course the members will receive twenty (.20) teR (.19) cents per hour.
Upon receipt of each of the following certifications, Ambulance Technician and Fire
Apparatus Technician, the member will receive an additional fifty (,50) thirty (.a9) cents per
hour.
Section 34 - Dyration of Agreement
This Agreement is effective from .July 1 2013 July 1,2911 and shall continue in full force
and effect through midnight on .June 30, 2016 dURe a9, 2913. If for any reason what so ever at
the end of the term of this contract a new contract has not been agreed upon between Local 1363
(IAFF) and the City Of Cranston this contract will remain in effect until such time as a new
contract is agreed upon.
86
IN WITNESS WHEREOF, the said CITY OF CRANSTON has caused this instrument to be
executed and its corporate seal to be affixed by Robert Strom, its Finance Director and by Allan
Fung, its Mayor, thereunto duly authorized by the City Council of the City of Cranston as of the
day and year first above written and the said LOCAL 1363, INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS, AFL-CIO, has caused this instrument to be signed by Paul L. Valletta Jr., its
President, thereunto duly authorized as of the day and year first above written.
CITY OF CRANSTON
BY:
BY:
--------~M~~=~~O~R~----------
----~R=N~~~N=C~E~D~I=R=E~C=TO=R=-----~
lOCAL 1363, INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, AFl-CIO
BY:
---------------------------------------------PRESIDENT
WITNESSES __________________
87
CONTRACT ADDENDUM
The six (6) Civilian Employees of the Cranston Fire Department listed below shall receive
in addition to the wages, benefits, and terms and conditions of employment found in the
Collective Bargaining Agreement between Local 1363 International Association of Fire Fighters
and the City of Cranston the following additional contractual items. These additional items shall
only be received by these employees.
1. The ability to accumulate up to sixty (60) vacation days which also may be used in lieu of
sick leave when the accrued sick leave is insufficient to provide leave with pay for illness or
injury.
2. The granting or an additional ninety (90) sick days for employees with ten (10) or more
years of service if the illness or injury is of such a nature as to require a prolonged period of
treatment or recuperation.
The City of Cranston paying for any employee who attains or will attain the age of
sixty-five (65) or the spouse of an employee who has or will attain the age of sixtyfive (65) the total cost of Blue Cross Plan 65.
Robert Corsi
Billie Fischer
Dorothy Masosian
Upon their leaving the active ranks of the Cranston Fire Department, these additional contractual
items shall not be provided to any other employees occupying the positions of these employees.
88
FY 2013 through 29 June 2014 - 0% Salary Increase
Rank
Weekly Salary
Annual Salary
Assistant Chief
1,697.56
88,273.09
Deputy Chief
1,595.99
82,991.35
Captain
1,352.25
70,316.91
Lieutenant
1,245.80
64,781.68
Private (+3)
1,149.06
59,751.24
Private (+2)
1,103.34
57,373.69
Private (+1)
1,063.08
55,280.22
Private (1)
1,022.07
53,147.42
Janyary 1. 2015 One and one-half (1.5%) percent
Rank
Assistant Chief
Deputy Chief
Captain
Lieutenant
Private (+3)
Private (+2)
Private (+1)
Private (1)
Weeklv Salary
Annual Salary
Jyne 30. 2015 One and one-half(1.5%) percent
Rank
Weekly Salary
Assistant Chief
Depu~Chief
Captain
Lieutenant
Private (+3)
Private (+2)
Private (+1)
Private (1 )
89
Annual Salary
Janyacy 1. 2016 Two (2%) percent
Rank
Assistant Chief
Deputy Chief
Captain
Lieutenant
Private (+3)
Private (+2)
Private (+ 1)
Private (1)
Weekly Salary
Annual Salary
Jyne 30. 2016 One (1%) percent
Rank
Assistant Chief
Deputy Chief
Captain
Lieutenant
Private (+3)
Private (+2)
Private (+1)
Private (1)
Weekly Salary
90
Annual Salary
Memorandum of Agreement
In the Event that the IAF.F. is successful in their Superior Court case and all appeals
against the State of Rhode ISland in relation to the state pension reforms, I.A.F.F. Local 1363
and the City of Cranston agree to negotiate and shall enter into negotiations to discuss
modifying the members' pension benefits. including years of service, age of retirement and
any other areas.
CITY OF CRANSTON
BY:
---.,~~U::::",=""j-,-=-~--=.>.·
~""""",-.
~
FINANCE DIRECTOR
LOCAL 1363, INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, AFL·CIO
==r-L~-"-,r/aJ"""",,,,~~'bI~.
b-R---'r-ID-E-NT-------
BY: -d2-e-/.
......'
WITNESSES
~~::tl..!...;1~L__=:~../L